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Author Topic: Country Specific or World-Wide Patent  (Read 751 times)

DrPepperMan85

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Country Specific or World-Wide Patent
« on: 11-07-10 at 07:11 am »

Hi Guys,

Just a quick question,

Does anyone know if it is best to try to get a world wide patent first or a country specific one first then add more countries?

It is a shame that there isn't a a patent office for every country, would save alot of time and money!

Thanks for any help!
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JimIvey

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Re: Country Specific or World-Wide Patent
« Reply #1 on: 11-07-10 at 09:13 am »

There are no world-wide patents.  And, you have only one year to start the process for all countries in which you want patent protection for a given invention.

Regards.
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James D. Ivey
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OMG IP

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Re: Country Specific or World-Wide Patent
« Reply #2 on: 11-07-10 at 02:31 pm »

Moreover, speaking generally, if you have a public disclosure first, you will be barred from filing in many a foreign country subsequent to that disclosure.
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John M. DeBoer

ManOfManyBadIdeas

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Re: Country Specific or World-Wide Patent
« Reply #3 on: 11-07-10 at 02:46 pm »

There are no world-wide patents.  And, you have only one year to start the process for all countries in which you want patent protection for a given invention.

Regards.

I thought under PCT you have 30 months (sometimes more)?

As far as filing strategy, it depends on what the poster wants to achieve. If the goal is to minimize initial
costs, then filing in one country + PCT application reserving the right to file in chosen countries (whole
world is a popular choice for PCT application I would say) is a common approach. After 30 or so months the right
to file application in desired countries expires. If one wants to have a legal recourse (ability to sue) faster,
then one needs to file in the specific countries ASAP (which is not incompatible with having a PCT application
anyway).
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Disclaimer: Any post made by me is only an opinion, not an advice. Considering that opinion keep in mind Disclaimer 2.
Disclaimer 2: I am not a lawyer.

JimIvey

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Re: Country Specific or World-Wide Patent
« Reply #4 on: 11-07-10 at 03:18 pm »

I thought under PCT you have 30 months (sometimes more)?

One year to start the process.  But, yes, through the PCT, you have up to a total of 30 months (or more) to continue the process in the national/regional phase.

And, the PCT doesn't cover all countries.  You have to identify all countries of potential interest and set them up within one year.

Regards.
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patentsusa

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Re: Country Specific or World-Wide Patent
« Reply #5 on: 11-12-10 at 12:17 pm »

The PCT system is useful if you want to delay decisions. 

If you already know what countries are of interest to you, it is less expensive to file directly in the countries of interest.

Some countries are not members of the PCT, as was mentioned above.

It is possible to obtain a European patent that can be registered in countries of interest (includes more than the European Union countries).  There is a single examination process for multiple countries. 

This is in contrast to the PCT where there can be an international examination but then the various national countries are not obliged to agree with a decision of allowability.
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Deepak Malhotra, JD, BSEE, Patent Attorney
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dtpater

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Re: Country Specific or World-Wide Patent
« Reply #6 on: 11-12-10 at 02:20 pm »

It is possible to obtain a European patent that can be registered in countries of interest (includes more than the European Union countries).  There is a single examination process for multiple countries. 


In the last 4 weeks my new contact said the new Europe Patent that started in 2007 gives you coverage in Europe and the USA is this True? or a great story?
 :)
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patentsusa

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Re: Country Specific or World-Wide Patent
« Reply #7 on: 11-12-10 at 04:49 pm »

It is possible to obtain a European patent that can be registered in countries of interest (includes more than the European Union countries).  There is a single examination process for multiple countries. 


In the last 4 weeks my new contact said the new Europe Patent that started in 2007 gives you coverage in Europe and the USA is this True? or a great story?
 :)


Afraid not.  You need a new contact.
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Deepak Malhotra, JD, BSEE, Patent Attorney
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dtpater

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Re: Country Specific or World-Wide Patent
« Reply #8 on: 11-13-10 at 03:16 am »

patents usa,
                 I can see the value of this website for Inventors, the Patent system to me, needs a over hall, maybe a totally new approach like a United Nations Patent System that requires only one Patent, because many governments profit from Patents which means in the end we all pay for it in some shape or form, this new system could reduce costs to the Solo Inventor giving them a fighting chance!
               

http://www.buyusa.gov/europeanunion/ipr_patent_protection.html
 ;)
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