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lemonbar
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Patent Dates
« on: Oct 2nd, 2007, 8:20pm »
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Company has WPO patent application date of X and granted on date Y.
 
Company then applies for patent on date Z in US and places patent pending.
 
A - What should date Z be in terms of X and Y ?
 
B - Did their European patent since its a WPO conver them in the US already against infringment?
 
C - Is it easy to get a patent in Europe compared to US?
 
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patent_type
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Re: Patent Dates
« Reply #1 on: Oct 3rd, 2007, 8:03am »
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There may be some terminology mix up here, but I'll do my best.  
 
Is the WPO patent application to which you are referring a Patent Cooperation Treaty (PCT) application filed via the PCT process coordinated by the World Intellectual Property Organization (WIPO)?  This is what I am presuming.  
 
A--A PCT application can never be "granted," so can never have a grant date Y, but a PCT can enter the national stage in the U.S. no later than 30 months after the priority date of the PCT application.  For present purposes, I presume the priority date is the date X to which you refer.  Thus, the entry into the U.S. from the PCT application must be filed within 30 months of date X.  The effective application date in the U.S. will then be date X.    
 
If the PCT application, or any other corresponding application, is already published, and U.S. application to which you refer is not a national stage of the PCT application, a U.S. application is probably not available.
 
B--no.  
 
C--no.  
 
Sounds like this warrants getting a real legal opinion instead of this blathering from a fake internet lawyer.
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MattB
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  mbycer   MBycer
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Re: Patent Dates
« Reply #2 on: Oct 3rd, 2007, 10:35am »
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I'm a little confused, but...
 
I've seen a published WIPO PCT that was later taken to teh US national stage.  Don't they (WIPO) publish in less than 30 months?
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Matthew L. Bycer
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patent_type
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Re: Patent Dates
« Reply #3 on: Oct 3rd, 2007, 12:30pm »
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Quote:
Don't they (WIPO) publish in less than 30 months?

 
I respond:  Absolutely--at about 18 months.  That is not a grant, but a publication.  A patent is never, ever, and cannot be granted/issued on a PCT application.  The PCT application may form the basis of a national patent application, but never itself matures into a granted/issued patent.  Patents are only granted by individual countries (ignoring the few regional patent offices).
« Last Edit: Oct 3rd, 2007, 12:31pm by patent_type » IP Logged
lemonbar
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Re: Patent Dates
« Reply #4 on: Oct 9th, 2007, 7:36pm »
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If the WIPO PCT date was November xx, 2004 and the international publish date was May xx, 2006 then when does the US have to be applied for?
 
If the did apply when would I be able to see the application or any filing of intent listed on the US site or the PCT sites?
 
I can't see anything yet.
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