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automatic national patent after positive PCT
Posted by Anonymous . updated on 2/26/2009
Hi.
Are there any countries that give the patent in their countries automatically when they see a positive PCT report? I mean without their own search and examonation?
Also: if the PCT search and examonation were done in USA, should the US patent grant it without another search and examonation?
Answers (2)
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pentazole
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1st: there is no requirement for any coutry to allow a patent after a positive PCT search.
In practice, if you have a positive PCT search, you will most likely get your patent allowed in the countries where the search originated without any substantive prosecution. This is because usually whatever examiner did the PCT search is going to be (most likely) the same examiner to do the national stage entry, and/or because they believe their standards to be of high quality and aren't going to waste their time doing another search following the same standards. If you are filing a PCT based on a U.S. case, it's generally a good idea to pay for the PCT search in another country to get your money's worth because most likely the case is going to be assigned to the same examiner in the US and you are going to get the same search results you paid for with the filing of the non provisional.
And also, there are many countries that don't examine patents and will allow them as is. In those countries, it is a good idea to revise the claims in view of the PCT search results before you pay for the fees of the patent because after you pay the fees, you may not be able to amend the claims, and are stuck with "as filed" claims that may be invalid after you prosecute your application in other countries.
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DJoshEsq
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The smaller the country the more likely that a positive PCT result will result in a national patent. Actually, I should rephrase, the smaller the patent office in the country the more likely that a positive PCT result will result in a national patent.
Notably China used to just rubber stamp applications but now seem to be doing at least some sort of examination.
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