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PCT filing dates and subsequent patentability
Posted by Anonymous . updated on 10/2/2009
If I file a patent application with the PCT, and don't designate a country, like Mexico, what happens after the 12 month priority interval expires? Do I lose the ability to later file a patent in Mexico because of the public disclosure in the PCT? Can someone else file the same idea in Mexico? (this is assuming Mexico is a first-to-file country).
Answers (1)
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Sanaa T...
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Hi there,
I’m afraid if you don’t file for the patent in a foreign country within the 12 month priority interval, you will loose your right to file for the patent. Foreign countries have an absolute novelty requirement meaning there should be no disclosure before an application is filed. This also prevents anyone else from filing a patent application for the same invention.
For all international applications filed after 1st January 2004, the PCT application will be deemed to have designated all countries that are party to the PCT on the date of filing the application. The Request form will not allow for the designation of selected countries.
The application will be taken as being for every type of application, including regional patents, that are available under the PCT for each of the Designated countries. The choice of which type of protection will be made at the time of national phase entry. In the absence of any indication, the application will be taken as being for the grant of a standard patent.
You may call us at (877)-794-9511 Monday to Friday 9 am to 6 pm or mail us at customer.service@patentexpress.com
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