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[andromat]

Could anyone please dispel this mystery to me, as I am totally confused at this point? My understanding was that I needed to file BOTH the regular (or the utility as it is often referred to) patent application and the international application (PCT) within one year of filing a provisional patent application. Or is it only the regular patent application that must be filed within one year of a PPA filing date, with the PCT requirement to be filed within one year of a regular patent application filing, as some sources lead me now to believe? In other words, is it still possible to file an international patent application within two years of filing a PPA?

[vman11]

In other words, is it still possible to file an international patent application within two years of filing a PPA?

I don't believe you can (assuming you want the priority date of the PPA), but it is possible to file a Non Provisional stemming from a PCT. Therefore:

PPA --> PCT --> National Stage US entry

[andromat]

Interesting. Thank you. But the timeframe allowed to file a regular US national would still be one year, right? Another question stemming from this info: my understanding was that the international application would have to be specially written/prepared in order to comply with the PCT requirements. What about the other way around: if written first, would it need to be adopted for a national US application? Which way would be less costly for the inventor to undertake?

[vman11]

But the timeframe allowed to file a regular US national would still be one year, right?

Wrong.

(0 Months) PPA Filed  ----- (12months) PCT Filed ----- (30 months) National Stage Entry, US utility filing
I think EU is 31 and there's a range of countries where you have to enter national stage at 20, 21, 30 or 31 moths from date of priority (PPA filing in this case).

Which way would be less costly for the inventor to undertake?

I guess the answer would depend on where you file first, in other words, the guys in Europe write an application the way their country would accept it. But if you are in the US, and don't know at the time of filing the PCT whether you want to file in Europe eventually, write up the PCT application exactly like a utility. All the filing paperwork changes ofcourse. And you would probably have to tweak the PCT application to meet the fancy of examiners in various countries any ways (apart from the translations) as you enter other non US national stages.

[andromat]

Thank you, vman11!

At the very least, the way I see it, this info will enable me to save $500.00 in the US national filing fees for now, as times are pretty tough.

[Gag]

Andromat

As a fellow inventor/manufacturer with a small budget, I agree with you.
The rules seem a little unfair to companies like us.
From the time you get your first patent (in the US or another country, as in my case) to the time you have to apply for other countries patents (or PCTs) seems very short.
You, we have not had time to build up sales and therefore cash (or equity raising ability) to be able to apply for the other patents.
I think it should be more like 36 months !