Patent Cooperation Treaty (PCT) International Patent Services Quiz
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1.
Have you already filed a U.S. patent application in another country that is a member of the PCT treaty?
If your answer is yes,
Great. The other country must be a member nation of the Patent Cooperation Treaty (PCT). You can see
a complete list of countries, and make sure the country you filed in qualifies. The United States is a member nation of the PCT treaty. Why does this matter? It matters because you can claim priority to this application.
If your answer is no,
While it is not absolutely necessary to file a patent application in the United States or another PCT country first, it is advisable to do so first. Why? A patent office in the PCT member country will examine your application, especially if it is a utility patent application. Remember, the PCT application is just a placeholder application that buys you more time for international filings.
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2.
Did you file your U.S. patent application within the last 12 months?
If your answer is yes,
Good. You must file a PCT application within 12 months of filing either your provisional patent application or utility patent application, whichever is earlier.
If your answer is no,
Sorry to hear that! You must file a PCT application within 12 months of the filing either your provisional patent application or utility patent application, whichever is earlier. It appears that you may have missed this date. If so, you may be able to file a new Continuation in Part application that adds new matter/disclosure and claims internationally. However, you already may have lost international rights on this application. Unfortunately, there is little you can do if you have missed this 12 month deadline. If you wish to file a Continuation in Part (CIP) patent application, please contact us at
customer.service@patentexpress.com.
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