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Topic: PCT filing still need a foreign filing license? (Read 3839 times) |
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yahsureyoubetcha
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PCT filing still need a foreign filing license?
« on: Nov 14th, 2007, 11:07pm » |
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If a PCT application gets submitted to the U.S. Receiving Office, two days before the anniversary of filing a provisional with just the USPTO, is the PCT application good in all of the countries selected, or is the inventor hosed because the U.S. has to issue a foreign filing license (which takes six weeks)?
I guess this is also assuming that a PCT application can get priority from a U.S. provisional, can it?
Also, can countries be added to a PCT filing after submitting it, but before any actions are taken on the application (say, if he wants to add France to the list three months from now)?
Inventor is a U.S. citizen who sent in a pretty decent provisional himself almost a year ago, then decided at the last minute to try filing in multiple countries. It's too late to submit to the U.S. and get a foreign filing license, even if we petition for an expedited license.
Thanks!
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Isaac
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Re: PCT filing still need a foreign filing license
« Reply #1 on: Nov 15th, 2007, 6:12am » |
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on Nov 14th, 2007, 11:07pm, yahsureyoubetcha wrote:| If a PCT application gets submitted to the U.S. Receiving Office, two days before the anniversary of filing a provisional with just the USPTO, is the PCT application good in all of the countries selected, or is the inventor hosed because the U.S. has to issue a foreign filing license (which takes six weeks)? |
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Are you sure that the inventor didn't get a foreign filing license upon filing the provisional?
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Isaac
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yahsureyoubetcha
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Re: PCT filing still need a foreign filing license
« Reply #2 on: Nov 20th, 2007, 11:53pm » |
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on Nov 15th, 2007, 6:12am, Isaac wrote:
Are you sure that the inventor didn't get a foreign filing license upon filing the provisional?
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Does the USPTO issue one for provisionals? I thought they only did the foreign-filing review for nonprovisionals.
There is nothing marked on the provisional filing receipt for either having or not having a foreign filing license. The space which should say "granted" is simply blank.
However, if the provisional starts the six-month clock, then it should be fine anyway, since it was filed more than six months ago. Is that the case
Thanks, Isaac!
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Isaac
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Re: PCT filing still need a foreign filing license
« Reply #3 on: Nov 21st, 2007, 8:37am » |
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on Nov 20th, 2007, 11:53pm, yahsureyoubetcha wrote:
Does the USPTO issue one for provisionals? I thought they only did the foreign-filing review for nonprovisionals. |
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I cannot do any research on this right now. I believe there is some discussion on this in the forums. Try hunting that down...
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Isaac
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DJoshEsq
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Re: PCT filing still need a foreign filing license
« Reply #4 on: Nov 27th, 2007, 7:55pm » |
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There is no requirement for a foreign filing license if you are filing the PCT application in the U.S. receiving office.
Yes a PCT can claim priority to a provisional patent application.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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