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Topic: PCT Priority (Read 1527 times) |
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Miguel
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I filed a provisional on 9/20/05 then filed a US non-provisional on 4/4/06 and now want to file with the PCT. I know I now have less than 4 days to file with the PCT, but what do you suggest is the quickest way to do so. I know also that the fees are very high for International filing so could I just file my non-provisional application with the PCT to get the filing date before the 20th, then later pay the fees and fix any filing requirements not met? What do you think? If not, what are my options? Thanks in advance.
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JimIvey
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Re: PCT Priority
« Reply #6 on: Sep 15th, 2006, 1:34pm » |
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You can file your non-provisional with the PCT and just not include fees. They'll give you a month or so to follow up with fees. The format of the application is a little different than allowed by the USPTO, but you should be able to figure that out and get it in shape and file it all in one day. I can do it in about an hour.
You can file same day using USPS Express Mail. Your deadline for filing is midnight or the latest closing time of a Post Office near you, whichever is earlier.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Bill Richards
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Re: PCT Priority
« Reply #7 on: Sep 15th, 2006, 9:59pm » |
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Many airports have Post Offices nearby that are open 24/7 for those late-night filings.
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| « Last Edit: Sep 15th, 2006, 10:00pm by Bill Richards » |
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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Miguel
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Thanks. Also, would the 1 1/2 yr. you have to file in the individual countries, start from the filing date of the PCT application or the filing date of the original US application? US Provisional App. filed on Sept. 20, 2005, Non-Provisional App. filed on May 11, 2006 and PCT App. will be filed on Sept. 19, 2006.
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Bill Richards
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Re: PCT Priority
« Reply #9 on: Sep 18th, 2006, 12:13pm » |
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I'd suggest you start here:
http://www.wipo.int/pct/guide/en/
In general (I believe there are still a few exceptions), one must enter the national stage within 30 months (some are 31) of the earliest claimed priority. Note, too, that there are some regional platforms, most notably the EPO which grants patents for EEU countries. (They still have to be registered in individual countries to pursue potential infringers, though.)
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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