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ussr
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question on foreign patent assignment
« on: Aug 27th, 2005, 1:48am »
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What's the best way to go about selling a foreign patent? The invention significantly improves throughput/quality of analog communication.  The patent is issued by Ukrainian patent office.  Ukraine is a member of various EU patent treaties, not sure if it's in any alliance with US.
 
Second question.  Assuming Ukrainian patent has zero effect in US, is it OK to file a provisional patent in US?  The rule book says that provisional patent cannot be filed for anything published or claimed by foreign inventions.  I think the idea is that one should not try to patent someone else's work which is not the case here, but I'd like someone with more confidence to confirm this.
 
Please help.  Thanks in advance.
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Isaac
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Re: question on foreign patent assignment
« Reply #1 on: Aug 27th, 2005, 6:11am »
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In most cases an attempt to patent something in an issued foreign patent would be barred under 102(d).  The exception would be those patents that took less than a year to issue.  Even for those few patents, the time window to file in the US would be very short.
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Isaac
Efika
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Re: question on foreign patent assignment
« Reply #2 on: Sep 3rd, 2005, 9:26pm »
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Ukraine is a member of the Patent Cooperation Treatment  Agreement so as the USA.  Cool
 
If the invention signicanty improves it might be a different invention if you include some limitations etc. in your applicaiton. Talk to the patent attorney  Cool.
 
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Efika
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Re: question on foreign patent assignment
« Reply #3 on: Sep 3rd, 2005, 9:31pm »
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"Patent Cooperation Trety " not Treatment  Grin  Undecided
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