Intellectual Property Forums - PCT filing still need a foreign filing license?

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   PCT filing still need a foreign filing license?

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Topic: PCT filing still need a foreign filing license? (Read 3845 times)

patag2001
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Posts: 82

Re: PCT filing still need a foreign filing license
« Reply #5 on: Dec 1^st, 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 6^th, 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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