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Author Topic: International Provisional Patent Application  (Read 106 times)

mikepro1

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International Provisional Patent Application
« on: 01-10-18 at 11:03 pm »

Hello.  Is there an existing means of preserving a filing date similar to the provisional patent application for international patentent protection?

Thanks
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MYK

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Re: International Provisional Patent Application
« Reply #1 on: 01-11-18 at 12:15 pm »

Yes, it's called a "provisional patent application". :)  In most countries, you get to claim priority to your U.S. application if you file within a year.  To be safest, you can file a PCT application claiming priority to the provisional instead of filing a U.S. national application.

http://www.wipo.int/export/sites/www/pct/en/pct_strategies/the_third_way.pdf

However, standards differ among different countries, and the best drafting practices for, e.g., European patent applications are bad for U.S. applications and vice-versa, for example, multiple-dependent claims in European applications, the typical (but not best practices) omission of claims in a U.S. provisional, rigid adherence to literal support of the claims in European applications even in the original provisional or else no priority. . . .  No idea about China's requirements, and India seems willing to screw over anyone who isn't Indian.

Check with multiple practitioners, each experienced in a jurisdiction you feel is highly important to you, get a consensus, and go from there, I guess.  It gets messy.

If you're mostly worried about Europe and the U.S. (the two biggest markets), my best guess as to strategy would be to draft for Europe, file as a provisional or PCT with the USRO, then replace the claims when you file a U.S. national application.  Hopefully someone will correct me if there are better ways to do this.
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"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.
 



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