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Author Topic: Why a PCT application should enter a national phase by 31 months?  (Read 428 times)

Invention

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If one is short of money, how could he afford the high sum of money?
The time limit or deadline to file a PCT application or make a national entry should be canceled at all. The only time limit or deadline is the expiring date which is 10 or 20 years from the filing date. But there is one demand: the priority application must be published by one of the seven languages after 18 months from the priority date. Also, there is one bargain: the patent application is not protected by law until the applicant requests an examination.

The reason is as follows:

In the past, if the patent office does not require the applicant to have an examination as soon as possible, the applicant may sell his invention without paying to the patent office.
« Last Edit: 06-01-12 at 01:43 am by Invention »
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bleedingpen

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Yeah 3rd parties should absolutely have to wait until the end of the 20 year patent term before entering the market for fears that some applicant with a PCT app filed some 15 years ago finally national stages it.
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Invention

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If someone hopes to carry out the invention, he suerly may contact the applicant to do so.
If the applicant does not have an examination afterwards, anyone may utilize the invention royalty free. But that may not happen because the applicant is willing to sell his patent application to gain enough money to pay the patent fees to the government.
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