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Author Topic: request not to publish a PCT?  (Read 609 times)

terranmn

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request not to publish a PCT?
« on: 01-03-18 at 02:14 am »

I know I can request not to publish an US application.
Can I request not to publish a PCT? How to?
Thanks!
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bartmans

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Re: request not to publish a PCT?
« Reply #1 on: 01-03-18 at 05:41 am »

A PCT publication will be published as soon as possible after 18 months from priority (Art. 21 PCT). There is one exception in Art 64(3) PCT in that the PCT application will not be published if it is filed only for those countries that do not require publication. However, the only country that does not require publication is the USA, see http://www.wipo.int/pct/en/texts/reservations/res_incomp.html. Thus, if a PCT application is onlydesignating the USA it will not be published (but I doubt if it would be useful to file such a PCT application).

A second exception is when the PCT application is actively withdrawn (Art. 21(5) PCT) sufficient time before the planned publication. However, in such a case, the PCT can no longer lead to national applications.

Thus, if a PCT application designates at least one other State than USA, which will normally be the case, and if the PCT should serve to be followed by national phase applications,  it will be published.
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abc123

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Re: request not to publish a PCT?
« Reply #2 on: 01-03-18 at 08:46 pm »

Interesting.
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