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   PCT filing still need a foreign filing license?
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   Author  Topic: PCT filing still need a foreign filing license?  (Read 2512 times)
patag2001
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Posts: 82
Re: PCT filing still need a foreign filing license
« Reply #5 on: Dec 1st, 2007, 12:03pm »
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Can you please expand on filing via US Receiving Office a PCT without a license?
 
35 USC 184 refers to a 6 months waiting period after filing US patent application unless I have a license.
In particular 184 says “shall not file or authorize to be filed in any foreign country prior to six month after filing in USA”.  I presume filing a PCT at the US Receiving Office is not construed as filing in a foreign country?
 
Using the USPTO and without a foreign filing license, can I file a PCT at the same time I file my US patent application?
 
Many Thanks!
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yahsureyoubetcha
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Re: PCT filing still need a foreign filing license
« Reply #6 on: Dec 6th, 2007, 6:57pm »
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Thanks all!  Aaaand . . . we're in.  My first PCT application.  Yay.  Next week, I'll start singing The Internationale and wearing a beret.  Not looking forward to the red wine hangovers.
 
Patag2001, I'm going to guess that since the USRO is going to hold on to the application until the IPEA/ISA is done, that takes care of the waiting period.  But I haven't really a clue.
 
Is there an advantage to filing both a U.S. national application and a PCT application?  I'd think you would just file a PCT application which designates the U.S. as one of the countries.  Maybe speed of prosecution?
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