Patent Trademark Blog

JANUARY 17, 2022

What factors affect the cost to file a PCT patent application? The cost of a PCT patent application will typically consist of attorney’s fees and government fees. PCT patent attorney’s fees which will vary widely between firms and the amount of work involved (e.g.,

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Patent Trademark Blog

JULY 28, 2022

Can you file a single patent application for all countries? Wouldn’t it be great if you could get a single patent to cover all countries? Is there such a thing as a worldwide utility patent? It’s called a PCT application. Notice I said “patent-pending” and not patented.

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SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. 5 February 2018 The petitioner filed an International Application under the Patent Cooperation Treaty (PCT).

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Patent Trademark Blog

OCTOBER 10, 2022

What is a PCT Receiving Office (RO)? In order to file a PCT application , a Receiving Office (RO) must be selected. For most US practitioners, the default is to select the US as the Receiving Office due to the familiarity of electronically filing patent applications with the USPTO. There’s just one problem.

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LexBlog IP

JULY 27, 2023

Can you file the utility patent application with the color drawings or photographs? 113, the Applicant for a patent must “furnish a drawing where necessary for the understanding of the subject matter to be patented”. . § Typically, the drawings in a utility patent application are submitted in black and white.

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IPilogue

OCTOBER 25, 2021

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Patent protection is jurisdictional, which means that your invention is only protected in the country (or countries) where the patent was issued.

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Sander Law

JUNE 8, 2023

There are several international IP agreements that are useful in protecting your IP. Below is a brief summary of a few of them: Paris Convention (Foreign filing priority) After filing your IP in your home country, you can file the same IP in other countries and benefit from the filing date of the earlier home application (e.g.

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Intellectual Property Law Blog

NOVEMBER 22, 2021

Under PPH, prosecution of a patent application previously filed with a participating patent office can be fast-tracked in another participating patent office if the patent application meets certain requirements. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

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SpicyIP

MARCH 29, 2024

Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. First, the treatment of claims during the national phase entry of a PCT application into India. Third, patentability of a method of agriculture- the issue of Section 3(h).

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Patent Trademark Blog

DECEMBER 13, 2022

Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. Prosecuting a patent application includes the following: drafting patent application.

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Intellectual Property Law Blog

JANUARY 24, 2022

Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action. An applicant is required to address all these objections and rejections in one response.

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LexBlog IP

JUNE 3, 2022

Are there any international grace periods to file a patent application after a public disclosure? If I file a US utility patent application, will that prevent me from filing additional patent applications internationally? Therefore, we have two routes to file applications in other countries.

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LexBlog IP

FEBRUARY 21, 2024

In 2023 the total number of standard patent applications filed in Australia remained above 30,000 for the third year running, despite a 2.4% As always, a majority of new filings were national phase entries (NPEs) derived from international applications under the Patent Cooperation Treaty (PCT).

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The IPKat

MAY 17, 2022

The decision of the Board of Appeal in J 14/21 is yet another example of an applicant losing their European application due to a lack of due care by a non-EP representative. Instead, they advised the applicant that they could rely on the "unintentionality test" used in other jurisdictions. What went wrong?

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Patent Trademark Blog

MARCH 6, 2024

Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Manufacturers and designers should pay particular attention to independent claims and the strategy of filing child applications.

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Patent Trademark Blog

DECEMBER 2, 2022

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. PCT), or an international design application.

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Patent Trademark Blog

MAY 31, 2022

How can you procure international patent rights at lower costs? How can a PCT application save foreign patent costs? Most patent filers understand the international PCT application as a cost deferral mechanism that pushes back foreign filing deadlines. Don’t ignore the ISR.

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JD Supra Law

FEBRUARY 9, 2022

Just about anywhere in the world is where one may claim a patent with an international PCT patent application. There are, after all, 154 countries bound by the Patent Cooperation Treaty (PCT). But almost no one, except well-heeled pharmaceutical companies, files in every last one.

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Patent Trademark Blog

APRIL 14, 2022

A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once. How to respond to utility patent rejections.

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LexBlog IP

FEBRUARY 21, 2023

On March 2, 2023, the USPTO’s International Patent Legal Administration experts will discuss considerations and options for filing foreign patent applications. The discussion will include an overview of the Patent Cooperation Treaty (PCT) and the use of the Paris Convention for non-PCT countries.

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Intellectual Property Law Blog

JANUARY 24, 2022

Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action. An applicant is required to address all these objections and rejections in one response.

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Patently-O

FEBRUARY 15, 2022

In addition, some of the 3rd-stage decrease can be explained by the shorter patent term experienced by some patentees under the 20-year-from-filing rule. This is most commonly experienced by international patent application (PCT) filers.

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LexBlog IP

DECEMBER 15, 2023

The Patent Trial and Appeal Board (“PTAB” or “Board”) found that Allgenesis failed to show that Allgenesis’ PCT application anticipated claims 4 and 5 of the ’820 patent. The Federal Circuit relied on Best Medical International, Inc. Elekta Inc., 4th 1346 (Fed.

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LexBlog IP

DECEMBER 6, 2022

WIPO has a video series directed to the PCT system consisting of 29 topics relating to both the international and national phases of the international patent application process. A link can be found here. Read more.

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Patently-O

APRIL 10, 2024

Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. patent application for the spinal implant in March 2013. It then filed a PCT application and a non-provisional U.S. application in March 2014 that issued in 2018.

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Patent Trademark Blog

AUGUST 13, 2021

Is there a PCT strategy that will benefit your US national stage? The PCT application is more than something to push back deadlines. While the deferral benefits of a PCT application may be more well known, the PCT can be an effective tool to streamline national stage filings.

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JD Supra Law

APRIL 29, 2022

The European Patent Office has published a decision that the new WIPO Standard ST.26 European patent applications or international applications that disclose nucleotide and/or amino acid sequences and are filed on or after July 1, 2022, must include a sequence listing as part of the description, in compliance with the new WIPO Standard ST.26

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Patent Trademark Blog

JANUARY 17, 2022

What factors affect the cost to file a PCT application? Whenever you’re trying to estimate the cost of a patent filing, recognize that the total cost will typically consist of two primary factors. whether the utility patent application needs to be drafted). What affects the PCT government fee portion?

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LexBlog IP

SEPTEMBER 21, 2021

An international patent application (e.g., PCT application) can be filed in any language which the receiving Office accepts. Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian, and Spanish). Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian, and Spanish).

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The IPKat

MAY 17, 2023

In spring 2024 The new One IPO patents service will launch for all patents customers. eOLF will be phased out for GB patent applications once our new IPO service has launched. eOLF will be phased out for GB patent applications once our new IPO service has launched.

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

European patent applications or international applications that disclose nucleotide and/or amino acid sequences and are filed on or after July 1, 2022, must include a sequence listing as part of the description, in compliance with the new WIPO Standard ST.26 26 (Rule 30(1) EPC / Rule 5.2 WIPO Standard ST.26

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The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ).

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Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Preparations are currently under way for the signing of a Memorandum of Understanding with the Eurasian Patent Organisation. The Eurasian Economic Commission applies the best practices gleaned while implementing international contacts within the framework of work on draft international treaties in the field of intellectual property.

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SpicyIP

AUGUST 29, 2023

While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the prescribed timeline for the examination of a patent application. The post is authored by an extremely diligent SpicyIP intern Md.

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Patent Trademark Blog

SEPTEMBER 28, 2022

If you filed any foreign patent applications, make sure to get the contact information of the foreign associate for each case. Find Out Which Patent Applications Are Related. For example, let’s say a pending US utility nonprovisional patent application is related to an international PCT application.

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The IPKat

FEBRUARY 20, 2022

There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in the form of a sequence listing. Sequence listings are then used by patent offices to search for the listed sequences. Increased ease-of-access to patent application sequences?

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The IPKat

AUGUST 1, 2023

Priority claims for IP rights allow obtaining an earlier priority date for an IP application based on an earlier IP application in another country. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.

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