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   Author  Topic: claiming priority  (Read 433 times)
claiming priority
« on: Jul 8th, 2007, 3:55pm »
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I have filed a PCT application somem time in Feb, 2007.
I was wondering whether i can claim priority when i file a US utility application? if so, what form i should use?
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Re: claiming priority
« Reply #1 on: Jul 8th, 2007, 4:51pm »
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Yes you can claim priority, but you have to do so within one year of your PCT filing.  If the invention was conceived in the U.S., you need to get a retroactive foreign filing license from USPTO.
I don't know what form you need.
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Repeating experiments since 1998.
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Re: claiming priority
« Reply #2 on: Jul 10th, 2007, 3:14pm »
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You can also simply enter the national phase in the US based on your PCT application.  You have 30 months from your PCT effectively filing date -- August 2009.
There's a simple form for that -- one pager, I think.  You don't even need to include your application -- it comes straight from the PCT (either the Receiving Office or the International Bureau -- I forget which).
I even wrote a little spreadsheet to calculate fees (for providing estimages for clients).  I think the EFS-web fee calculator is all Q&A based and obviates my little spreadsheet.
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James D. Ivey
Law Offices of James D. Ivey
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