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   Problems with foreign filing
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   Author  Topic: Problems with foreign filing  (Read 2865 times)
ester
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Problems with foreign filing
« on: Apr 5th, 2007, 7:00pm »
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I filed a US application a while ago.   Is it true that I have one year to file abroad or my own application will be used against me?   If not, what deadlines do I need to worry about if I want to file abroad?    
 
Is 102b a problem only when the application is published and/or issued, then a year from that date would bar me?
 
I am just worried about my own application becoming prior art against me.
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TataBoxInhibitor
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Re: Problems with foreign filing
« Reply #1 on: Apr 5th, 2007, 8:16pm »
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The Paris convention requires that you file the PCT application within a year to claim priority to your US application.  You are correct, when your US application publishes, that publication can be used against you in trying to obtain foreign protection.  I am not entirely up on PCT, there will be others here that may or may not correct me.
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Isaac
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Re: Problems with foreign filing
« Reply #2 on: Apr 6th, 2007, 7:44am »
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on Apr 5th, 2007, 7:00pm, ester wrote:
I filed a US application a while ago.   Is it true that I have one year to file abroad or my own application will be used against me?   If not, what deadlines do I need to worry about if I want to file abroad?    
 
Is 102b a problem only when the application is published and/or issued, then a year from that date would bar me?

 
102(b) is for the most part a US issue.  In most countries (perhaps excluding Canada) there is no "grace period" and an inventor's own disclosures are usable against the inventor immediately upon publication.    If you cannot claim the priority date of your US application, then in most foreign countries you out of luck after the US application publishes.
« Last Edit: Apr 6th, 2007, 7:45am by Isaac » IP Logged

Isaac
ester
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Re: Problems with foreign filing
« Reply #3 on: Jun 12th, 2007, 11:57am »
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What is the time range for claiming "priority" to my US application from the PCT?
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JimIvey
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Re: Problems with foreign filing
« Reply #4 on: Jun 12th, 2007, 8:29pm »
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Same answer: one year.
 
Regards.
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James D. Ivey
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