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WIPO PCT and US application questions
Posted by Anonymous . updated on 2/26/2009
A - What is the time limit to apply in the US for a patent if already filed the WIPO PCT on Nov-xx-2004 and publication date is May-xx-2006?
B - The PCT had US listed, along with 160 other states. But I cant find any US application, provisional, nothing filed with US yet?
C - If they didn't file something, anything with US yet have they lost infringment rights in US? Can they still apply somehow and gain a patent?
D - Do I assume correct that if they didn't file anything with US yet but they did list US as a state on the PCT that they don't have any patent rights in US any longer?
Thanks
Answers (3)
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helene_...
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Hi
A - If there is no priority application, the time limit to enter the US national phase is May-xx-2007 (30 month from the filing of the earliest application, i.e. PCT application)
B - This means that the applicant has not entered the US national phase... what resource did you use to know? some databases are not up-to-date...
C - D - I am not sure... let's see what US patent attorney think!
If they did not enter the national US phase they have lost their right in the US.
Hope that this is helpful.
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lemonbar
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Hi,
Thanks for the reply.
I am using the USPTO site and trying all possible combinations of key words, inventor name, PCT number, Interenational Pubblication number, anything and everything and I see no listing for them
Also, when I use the espacenet, worldwide and that other database I end up only seeing 4 countries listed and it is not the US.
How do I find a priority date you keep mentioning? Does that just mean the earliest/first document they filed with a patent office starting the time clock? I only see the earliest ever document being the International filing date of Nov-xx-2004.
Are you a patent attorney experience with WIPO PCTs? And If so then how can I go about hiring you to figure all of this out? If you are not then how can I find someone with WIPO PCT experience.
My current attorney isn't experienced enough with it and says he would take a lot longer to get it done and mentioned I probably should fine a WIPO PCT attorney for these type questions.
THanks
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helene_...
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Concerning priority, you can look at the first page of the PCT publication under "(30) Priority data", just below "(22) International Filing Date".
There are no "PCT or WIPO attorneys". But some national/regional attorneys are authorized to represent their client before the International Bureau. This is the case of US or EP attorneys. As an European attorney I can help you with your PCT applications. It depend on what kind of information you need... if it is relative to the entry into the US phase I would recommend the services of an US attorney.
Send me a personal message if you want to and let me have your personal email. I will be glad to help you.
Helene
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