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What happens if foreign prior art encountered in national phase?
Posted by Nutchanoot Ziomkowski. updated on 7/4/2010
I am currently filing a provisional patent in the US, and my field is sufficiently novel that I expect it to be granted. However, I am concerned that there may be foreign prior art which I have no way of knowing about.
In the event that my US patent is granted, and I get a positive PCT report, but my patent fails in one country during the national phase, what will happen to the validity of my patent in the remaining countries?
Will I be allowed to modify my patent in that one country, while the original patent stands in the rest? How will the existence of unknown foreign prior art affect my ability to prosecute my patent in the remaining countries?
Answers (1)
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Sanaa T...
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Please do not rely on statements made by respondents on this peer-answers forum. Answers provided on this peer-answers forum are NOT legal advice. Answers on this forum are not moderated, and some peer-answers may not be accurate. You should consult with a licensed attorney in your jurisdiction. Please do not place any confidential information on this forum.
You can always conduct a quick prior art search either by yourself or taking the help of a Searching Authority listed under the PCT application to know where you might stand before listing such a country on your application. Also, if the original patent application stands yet there might be an obstacle for patent protection in a particular country, then limited protection might be granted to your application.
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