The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
May 26th, 2019, 6:27am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
European Patents
(Moderators: Forum Admin, JimIvey, JSonnabend)
   My rights in Europe after filling PPA
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: My rights in Europe after filling PPA  (Read 2533 times)
Agent_Orange
Newbie
*




   


Posts: 16
Re: My rights in Europe after filling PPA
« Reply #5 on: Oct 31st, 2007, 11:19pm »
Quote Quote Modify Modify

Understood.
 
Yeah, to answer the OP's question directly, all I was saying is that the US must be designated.  It can be at the same time as other countries (or even after, I imagine).  But the US PPA would not ever establish lasting priority, unless a follow-up US non-provisional, which claimed the benefit of that provisional, was filed within a year, and was ultimately examined by the USPTO.  
 
Fascinating stuff!
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: My rights in Europe after filling PPA
« Reply #6 on: Nov 1st, 2007, 6:24am »
Quote Quote Modify Modify

on Oct 31st, 2007, 11:19pm, Agent_Orange wrote:
Understood.
 
Yeah, to answer the OP's question directly, all I was saying is that the US must be designated.

 
Absolutely.   If you go the international route, designating the US and publishing in English would be a must under the strategy I suggest.   If you do that within 12 months, you shouldn't have a problem after the PPA expires because you can still enter the US during the national phase on the regular schedule.
 
There may be some countries out there that wouldn't allow claiming priority to a US provisional application even with claims, but I don't know of any.  
 
At one time it was believed that some countries would not recognize a priority claim to a provisional because a provisional had no chance of every becoming a patent.   In response, the US added a procedure for converting a provisional to a non-provisional.   The mere existence of this converting procedure was enough to resolve the issue in some countries.   You don't actually need to use it.
 
 
 
IP Logged

Isaac
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board