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[Prabhjot S. Arora]

Hello all,
              Is it true that a US application filed through PCT route can get the patent grant earlier due to restriction on time limit to evaluate PCT application.
              If yes, then why not all file PCT application even to get protection only in US? cost factors??

Prabhjot S. Arora
India

[JimIvey]

Your first action on the merits is generally faster if you request IPE (International Preliminary Examination), and your back and forth with the Office is much faster because of the time line associated with IPE.  And, I've known practitioners who have used that approach for exactly that reason.  Of course, this depends on your technology area.  The area I spend most of my time with is severely back-logged.

However, you still have to go through national phase in the US.  My understanding is that the queue through the USPTO is strictly based on serial number priority, so it still might take 3 years or more to get your first Office Action on the merits in the national application -- depending on your particular technology group (each has its own backlog).  However, if you get a favorable Written Opinion in the IPE in the US Receiving Office, your odds are pretty good that your first action in the national phase will be an allowance.

If you really want to speed things up in the national phase, you can file a Petition to Make Special offering the PCT search report as a search.  However, my understanding is that, due to the current backlog, Petitions to Make Special are also backed up quite a bit.

Lastly, some of my PCT cases are seeing Written Opinions coming out late -- past the deadline for national phase filings.  I don't know what to do about that.  I don't think that's supposed to happen.

The bottom line is that it seems the PTO is under-funded and over-worked.  There's just so much work that can get through regardless of what the law saws.

I hope that helps.

Regards.

[M. Arthur Auslander]

Dear Mr. Arora,

The PCT is a step toward treaty priority on an international basis. In the US irrespective of the PCT, a petition to make special may be granted if the circumstances warrant.

[BWALSH]

Can anyone give me a good definition for "national entry date," particularly in Canada??

Thanks so much.

[JimIvey]

The date on which you filed a patent application with the Canadian Patent Office.  That's my guess, anyway.

Regards.