Who has the right to file an international patent application under the PCT?

Who has the right to file an international patent application under the PCT?

 

PCT National Phase Entry in Vietnam

You are entitled to file an international patent application if you are a national or resident of a PCT Contracting State. If there are several applicants named in the international application, only one of them needs to comply with this requirement.

If you are looking for experienced IP services in Vietnam to help you with your PCT Patent Application in Vietnam, you should visit ANTLawyers. Our Patent attorneys have experience with the PCT Patent process and will work closely with you as you apply for your PCT in Vietnam.

 

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How do I write a good provisional patent application?

A provisional patent - as you may already know - helps you buy some time (up to a year ) as you market and possibly develop your idea. This way, if the idea gains traction at some point during the year, you can convert this provisional patent to a fully-fledged utility patent. If not this, you can simply let it expire or lapse after testing the waters and realizing that it wasn't such a good idea to invest hundred of hours and thousands of dollars paying for a utility patent.

Nationalize PCT Patent Application in Vietnam

That being said, here is a quick primer on how to craft a provisional patent:

1. Research Thoroughly

Even before of thinking of filing for a provisional patent, you should first of all do a comprehensive patent search to know whether or not the idea you are interested in has already received another patent protection. Apart from that, conducting a separate search to ascertain that there haven't been any similar inventions that are patented is also a good way of avoiding a corporate lawsuit later. At the same time, you are also likely to come across suggestions of many available unpatented ideas that are in case yours is already taken. Either way, doing a thorough patent search is inevitable as long as you are considering to copyright your innovation.

2. Be Simple, Focused but Thorough

The provisional patent application ought to paint the picture of a unique innovation by listing the specific features/benefits that prove its novelty. In other words, a well-thought and thorough profile is likely to increase the chances of your application getting approved.

3. The Application Package

The full application package ought to tie in the following;

a. The specification of the innovation

b. A drawing of the innovation

c. The filing fee

d. The USPTO Cover

As far as the main body goes, it should consist of the Description of the Innovation, Tittle, Abstract, and the Claim.

Nowadays, you also have to include the drawings of the invention. These can be scanned into the main text area, sketched by hand or designed by CAD, manuals, design software or Powerpoint. Next up is the Claims that describe in detail what the patent seeks to protect. You don't have to include this, but it is recommended that you have them on your provisional patent application.

Lastly, you will have to paste an abstract that summarizes your invention. For this part, it is easier to re-state ( in a few words ) what you had described in the Claims.

The best way to draft a provisional patent application? Ideally, it’s with the assistance of a patentattorney. Patent lawyers do this stuff for a living and will maneuver the application process so that your utility patent application will be a seamless experience. Feel free to visit ANTLawyers.vn. Our legal marketplace is competitively priced, easy-to-use, and backed by a satisfaction guarantee. We offer free consultations to help make sure you’re hiring an attorney that will help you grow your vision. Good luck!

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If I show my national patent application to a company, can they file it as their own in other nations?

If you truly have a national patent (and not a national patent application), then the patent is public knowledge. Anyone in the world can find it, and in most countries (including the US, Europe, and much of Asia) finding it as easy as entering the right query on a web page.

Nationalize PCT Patent Application in Vietnam

If you only have a national patent application, then it may not be public yet. But it will be (in most countries) 18 months after you filed it. So if your outside that window, again, there’s no secrecy to preserve.

Whether or not your patent or pending application is currently public, in most of the world it constitutes “prior art.” (“Most of the world” certainly includes the US, Europe, and most if not all of Asia.) That means it will block any later-filed patent applications that seek to cover the technology disclosed or suggested by your patent application.

To be sure, there might sometimes be good reasons not to show someone your not-yet-published patent application. But if you’re only worried about someone using it as “inspiration” to file their own patent application on the same technology, you need not worry.

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What is the PCT supplementary international search?

SUPPLEMENTARY INTERNATIONAL SEARCH

The PCT is an international treaty with more than 145 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent Offices in what is called the “national phase”.

Nationalize PCT Patent Application in Vietnam

The PCT procedure includes:

·        Filing

·        International Search

·        International Publication

·        Supplementary International Search

·        International Preliminary Examination

·        National Phase

What is the PCT supplementary international search?

Supplementary international search permits the applicant to request, in addition to the international search (the “main international search”), one or more supplementary international searches each to be carried out by an ISA other than the ISA which carried out the main international search. The additional search has the potential of reducing the risk of new patent documents and other technical literature being discovered in the national phase since, by requesting supplementary search the applicant can enlarge the linguistic and/or technical scope of the documentation searched.

What is the supplementary international search report?

The supplementary international search report is generally similar in content and appearance to the main international search report; it contains a listing of references to patent documents and other technical literature which may affect the patentability of the invention claimed in the international application. However, it does not repeat documents which have already been cited in the international search report, unless this is necessary because of new relevance when read in conjunction with other documents discovered during the supplementary international search. On occasion, the supplementary international search report may contain more detailed explanations than those in the main international search report. This is due to the fact that, unlike the main international search, no written opinion is established with the supplementary international search report, and these additional details are helpful for a full understanding of the references listed.

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What is the effect of an international patent application?

The PCT is an international treaty with more than 145 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent Offices in what is called the “national phase”.

Nationalize PCT Patent Application in Vietnam

In general terms, your international patent application, provided that it complies with the minimum requirements for obtaining an international filing date, has the effect of a national patent application (and certain regional patent applications) in or for all PCT Contracting States. Moreover, if you comply with certain formal requirements set out in the Treaty and Regulations, which are binding on all of the PCT Contracting States, subsequent adaptation to varying national (or regional) formal requirements (and the cost associated therewith) will not be necessary.

Who has the right to file an internationalpatent application under the PCT?

You are entitled to file an international patent application if you are a national or resident of a PCT Contracting State. If there are several applicants named in the international application, only one of them needs to comply with this requirement.

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