- Trademark Infringement BitLaw
- Manual of Patent Examining Procedure
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Trademark Infringement BitLaw
The PCT (Patent Cooperation Treaty) is administered by WIPO (World Intellectual Property Organization). It is possible to file a continuation-in-part (CIP) application directly off of the PCT application. national phase application is co-pending with an international application if the prior international application was pending on the filing date of the subsequent U. That avoids translations back and forth between English and the language of the foren country. patent application is already in the hopper from the beginning, 30 months before the applicant mht otherwise file the U. The PCT filing deadline is one year from the earliest claimed priority date, and that means one year "to the day". There is no requirement that the earliest claimed priority date is actually the date of the earliest filing anywhere.
Manual of Patent Examining Procedure
The PCT has more than 180 member states (countries). practice is to issue restriction requirements for two independent claims whenever the subject matter of the one claim can be practiced without infringing the other claim, or vice versa. There is no need to file the national phase of the PCT, and then file the CIP off of the national phase. national phase application off the PCT, but filing it as a CIP to include the subject matter of the provisional. Another reason is that there is only a single prosecution for the entire regional application, rather than a separate prosecution in each of the individual national patent offices. application will often get to the PCT examiner, which presumably will be more favorable. If the one year anniversary falls on weekend or holiday, the deadline is the previous business day. It is perfectly acceptable, for example, to file a provisional U. application in January 2003, a utility in December 2003, and then file the PCT application in August 2004, claiming priority only to the December 2003 utility.
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The PCT also is very strict about margins, and what can be placed in the margins. The applicant should also consider that any claims eventually allowed in a given foren country may be severely narrowed by the foren patent office, that the sales in the foren country may be minimal, the costs of selling may be very hh, and that the costs of enforcing the patent against an infringer may be unacceptable. examiner is more difficult than the PCT examiner, we can drop the U. Those countries are Switzerland, Finland, Luxembourg, Sweden, Tanzania, Uganda, and Zambia.
Go to top For the most part, PCT applications are drafted the same as U. The PCT practice is to require the applicant to pay an extra US$ 1000 dollars (supplemental search fee) for each additional invention 37 C. In PCT practice this is usually not a problem because the examiner will always add his own numerals, and then send a revised Abstract to the patent attorney for approval. The PCT requires A4 paper, which is commonly used throughout Europe and in Asia, but almost never used in the United States. Another way of reducing national phase filing costs is to impress upon the applicant the fact that patents are not self-enforcing. But there are numerous wrinkles, and one should periodiy check the WIPO website for the current deadlines.
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