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Author Topic: PCT with only U.S. designated  (Read 237 times)

fb

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PCT with only U.S. designated
« on: 11-05-11 at 06:16 am »

If a PCT is filed with only the U.S. as a designated country, does the application still publish at 18 months?
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NJ Patent1

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Re: PCT with only U.S. designated
« Reply #1 on: 11-05-11 at 03:17 pm »

fb:  I know it's not nice to answer a question with a question.  But I can't help it.  When is a PCT application not a PCT application subject to the treaty and rules?  There might be other issues if you file in the USPTO and don't "designate at least one state other than the US".  But I'd have to check.  Can you enlighten me as to the strategy behind designating only the US in a PCT filing?  Buying time to go national?
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fb

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Re: PCT with only U.S. designated
« Reply #2 on: 11-05-11 at 03:32 pm »

In case the PCT search comes up bad, there would be the option of keeping it quiet so that it could be re-worked. This would keep the competitors from starting up.

But if good, the other countries would need to be added back in, so as to start licensing.

So I was not sure if this could be done or not.
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NJ Patent1

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Re: PCT with only U.S. designated
« Reply #3 on: 11-05-11 at 04:25 pm »

fb:  OK, I see what ur trying to accomplish.  As far as I can tell, your answer depends on whether the US, the sole designated state, has entered a "reservation" under Article 64(3) PCT.  If yes, "the international application SHALL not be published by virtue of Article 21(2)."  Suggest you get on the horn to the help desk Monday (and maybe share what you find out re: US "reservations" under Art. 64(3)). 
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