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Novelty
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   Problems with foreign filing
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   Author  Topic: Problems with foreign filing  (Read 2777 times)
ester
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Re: Problems with foreign filing
« Reply #5 on: Jun 15th, 2007, 4:13pm »
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on Jun 12th, 2007, 8:29pm, JimIvey wrote:
Same answer: one year.
 
Regards.

 
 
What if my Non-provisional claims priority to a provisional, do I have a year from the filing date from my non-provisional to file a PCT?
 
thank you jim!
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manoj pandey
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Re: Problems with foreign filing
« Reply #6 on: Jun 17th, 2007, 7:09am »
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No, Its one year from your earliest filing irrespective of provisional/Non-provisional.
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ThinkPatent
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Re: Problems with foreign filing
« Reply #7 on: Jun 17th, 2007, 10:38pm »
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Almost all member countries to the Paris Convention adhere to one year ‘grace period’ as per Article 4 (C)(1) of the Paris Convention where the ‘grace period’ being measured from the date of filing of the first patent application (that is earliest priority date) for the invention in a member country. Anyhow if you fail to file an equivalent foreign application within the stipulated grace period of one year then you would not be allowed to carry forward your priority benefit in foreign countries which means that your own application (whenever published) will be considered as a prior art reference for your foreign application.  
 
Just in case I personally feel it is better to claim priority from non-provisional patent application because in any case provisional application will never be published by the Patent Office. But you need to cross-check that because anyhow while filing non-provisional patent application you would most probably claim priority from provisional application, so I am not sure whether it is statutory mandatory that if your non-provisional application claims priority from provisional application then while filing foreign application is it necessary to claim priority from provisional application rather than non-provisional application!
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