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[Arora]

Hi,
   
   Can someone pls tell that  how much time does one have to file a patent in US after filing in any non US country like India.

Is it one year ?

or

Is it the time upto which the invention is not made public by Indian patent office (which is 1.5 years).

And secondly if I abandon my application in India after filing before it is made public, does it amount to disclosure? How much time I have to file in US in this case? One year after date of Indian filing?

Arora

[Jonathan]

You have 1 year from the filing date of the foreign application to file a U.S. application which in turns claims priority to that foreign application.

Regarding the case of a foreign application going abandoned, I believe you can still claim priority from that foreign application on a U.S. application as long as the U.S. application was filed within 1 year of the foreign application filing date.
(* Fellow intelproplaw.com participants: please confirm or correct my interpretation.*)

I do know for certain that a U.S. application can claim priority to a later filed foreign application provided the 1st foreign application is abandoned,  was not laid open to public inspection, both foreign applications were filed in the same country and the first application is not and will not in the future be used as the basis for a claim for priority in a U.S. application. See 35 USC 119 (c).

[Isaac]

Since the question was about any foreign country, perhaps it's
fair to point out that you cannot claim priority from your
filings in some country.

Also if priority is not a problem there are other limits to
worry about.  For example, if your foreign application issues
before you file, you have 1 year from your foreign filing date
before the 102(d) bar kicks in even if your foreign application
was not published prior to issue.

And of course you have to avoid the 102(b) bar.

[Arora]

Hi,
Thanks for your responses.
I need some more clarification on this. I wish to understand that if I am not claiming priority from my Indian patent application, then how much time do I have to file US application.

Is it one year from Indian filing date or it is uptill the time Indian application is issued or published?

[Arora]

Hi,
I have understood the answers now.

If priorty is not an issue then I can file an application in US until my Indian application is granted. Publishing of application will not invoke 102(d) bar.

Also, patent grant will invoke 102(d) bar only if Indian filing date was more than 1 year before US filing date.


Pls confirm my understanding.

Thanks.

[Isaac]

I believe you have the 102(d) part right.  Publication will
start the 102(b) one year clock running.