Approximate time

Started by fareez, 01-22-15 at 10:59 AM

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fareez

Dear all,
ًWhat is the approximate time for processing the international patent application (PCT) for a simple idea "like a new type of doors" nowadays ? Is there a way to accelerate it ?
I am in Turkey, is it better (safe) to file for a local patent first ?
Thanks a lot

MYK

It depends on which country/countries you file in.  A PCT is just a placeholder document;  you still have to "nationalize" the application wherever you want to get an issued patent.
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

fareez

Quote from: MYK on 01-23-15 at 01:55 AM
It depends on which country/countries you file in.  A PCT is just a placeholder document;  you still have to "nationalize" the application wherever you want to get an issued patent.
So is it safe to show my idea to local and foreign companies within 12 months of my local application without having a PCT application ( Just writing : Patent pending ) ?
I read also about 30 months so which one I have 12 or 30 ?
Thanks

MYK

Quote from: fareez on 01-23-15 at 07:46 AM
Quote from: MYK on 01-23-15 at 01:55 AM
It depends on which country/countries you file in.  A PCT is just a placeholder document;  you still have to "nationalize" the application wherever you want to get an issued patent.
So is it safe to show my idea to local and foreign companies within 12 months of my local application without having a PCT application ( Just writing : Patent pending ) ?
I read also about 30 months so which one I have 12 or 30 ?
Thanks
Once you have filed an application somewhere, assuming it is a sufficient application, most (maybe all) countries will let you file applications claiming priority to it even after you make your invention public.

Most (maybe all) countries give you 12 months to file an application claiming priority to your initial one.  A PCT application would give you 30 months from your earliest priority claim in most (but definitely not all) countries.  For one thing, not all countries are part of PCT.  For another, I think there are some that give less time even though they signed the PCT.  Right now you have twelve-minus.
"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

fareez

Quote from: MYK on 01-23-15 at 08:01 AM
Quote from: fareez on 01-23-15 at 07:46 AM
Quote from: MYK on 01-23-15 at 01:55 AM
It depends on which country/countries you file in.  A PCT is just a placeholder document;  you still have to "nationalize" the application wherever you want to get an issued patent.
So is it safe to show my idea to local and foreign companies within 12 months of my local application without having a PCT application ( Just writing : Patent pending ) ?
I read also about 30 months so which one I have 12 or 30 ?
Thanks
Once you have filed an application somewhere, assuming it is a sufficient application, most (maybe all) countries will let you file applications claiming priority to it even after you make your invention public.

Most (maybe all) countries give you 12 months to file an application claiming priority to your initial one.  A PCT application would give you 30 months from your earliest priority claim in most (but definitely not all) countries.  For one thing, not all countries are part of PCT.  For another, I think there are some that give less time even though they signed the PCT.  Right now you have twelve-minus.
So do you mean that for  PCT members countries  I have 30 months but for other countries I have 12 (or less) ?

JimIvey

Quote from: fareez on 01-23-15 at 04:51 PM
So do you mean that for  PCT members countries  I have 30 months but for other countries I have 12 (or less) ?

In most of the world, you must have a patent application on file before you publicize your invention.  So, you have zero months from the time you publicize your invention until an application must be filed.

However, for most of the world, just one application in one country (or the PCT) is enough.  Here's how it works most of the time.

Before you publicize your invention, you file an application in one country that's a member of the Paris Convention Treaty (which is confusing because "PCT" refers to something else -- Patent Cooperation Treaty).  Under the Paris Convention, you can file an application within a year of an earlier application in a different country and have the later application treated as if it was filed at the same time as the earlier application.  That's your 12 months.

Here's an example of how it works.  Suppose you filed your application on Jan 1 2015 in the US (I don't know whether Turkey is a member of the Paris Convention or the PCT).  Suppose you started marketing something covered by your application Jan 5 2015.  Now, suppose you want protection in Europe.  Without the Paris Convention, your publication of your invention on Jan 5 2015 would prevent you from getting a patent from the EPO because you hadn't filed there by Jan 5.  With the Paris Convention, you can file in the EPO by Jan 1 2016 and have the EPO treat the application as if it was filed Jan 1 2015.

Most people start in one country because the PCT is generally more expensive than any national application, but probably cheaper than the EPO.  Then, within one year, they file in the PCT claiming priority to the first application under the Paris Convention.  In the above example, you could file in the PCT as late as Jan 1 2016 and have the PCT (and all the member countries) treat your PCT application as if it was filed on Jan 1 2015.  So, in all PCT countries, your publication of your invention on Jan 5 2015 won't hurt your application.

With a few exceptions, you have 30 months from the filing date of your PCT application to file national applications in individual countries in which you want protection based on your PCT application.  While the PCT application could be filed as late as Jan 1 2016, its filing date for purposes of measuring the 30 months is really its priority date, i.e., Jan 1 2015.

So, the important timing is 0 months, 12 months, and 30 months.  You have 0 months from first publication of your invention to file your first application.  Then, you have 12 or 30 months to file the same application in other countries, and the 12 and 30 months overlap -- you can't stagger them to get 42 months.

Regards.
--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.



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