Provisional Patent Applications

PCT Application: What You Need To Know To Protect Your Invention And Your Profits Around The World Who Should File A PCT Application? An inventor or assignee (owner) who wants to apply for patent protection in at least one country that recognizes the PCT, which is nearly every country in the world. Click here for a list of PCT (Paris Convention Treaty) contracting states. What Is A PCT Application? A PCT Application is an international “place holder” application that can establish a priority date for your claimed invention in every country that recognizes the PCT. A PCT application is often misnamed an “international patent” or “international patent application.” A PCT application is an official request for the countries that recognize the PCT (Paris Convention Treaty) to grant you a priority date for a claimed invention. Most countries are first-to-file countries, meaning that if your invention is publicly used, published, or sold by someone else anywhere in the world OR someone files for the same invention before you do, then your patent rights could be lost or severely limited. By filing a PCT application, you can “win the race to every patent office” that recognizes the PCT. However, the PCT application…

Where Should You File A PCT Application? If one of your inventors is a U.S. citizen or resident, then you can file a PCT application in the PCT receiving office of the U.S. Patent and Trademark Office (USPTO) or directly with the International Bureau of WIPO (World Intellectual Property Organization). In practice, a U.S. patent attorney or U.S. patent agent can file a PCT application for you from anywhere in the world. Click here if you want to learn how to file a PCT application yourself. When Should You File A PCT Application? The answer to this question is depends on your situation. As Soon As Possible: Generally, you should wait until you have drafted claims for your invention and can explain to a person skilled in the art how to make and use your claimed invention. The sooner you file, the less likely anyone is to scoop you and block you from getting a patent. However, once you file the PCT application, you cannot add subject matter to your PCT application. That means that you cannot claim later improvements of your invention. Basically, you are stuck with what you file. After Development And Evaluation: Many inventors and owners take…

Why Should You File A PCT Application? To establish a priority date for your invention in every PCT member country while delaying most of the costs of applying for a patent until you have enough money and knowledge to apply for patents in PCT member countries. A PCT application is like a provisional patent application because it can establish a priority date for your invention while you evaluate the market, develop your invention for commercialization, and raise funding. However, unlike the provisional patent application, the PCT application will be published after 18 months, which allow competitors to see your invention and start trying to design around your claims or block your National Stage Applications. Also, the PCT application is examined by a PCT receiving office, which can raise costs. In summary, one PCT application can protect your patent rights for 30 months in nearly every country in the world while you: Develop your invention, Evaluate the market for your invention, and Raise funding for commercialization. Why Should You File A National Stage Application Based On A PCT Application? To actually get a patent in each PCT country where you want patent protection for your invention and your profits. PCT Application…

How Do You File A PCT Application Or A National Stage Application? You can hire a patent attorney to files these for you, OR If you are the application owner, then you can file them yourself. Due to the complexity of patent law, I highly encourage you to hire a U.S. patent attorney or U.S. patent agent to draft and file your PCT application or U.S. National Stage Application for you. While I cannot guarantee that my services are a good fit for your needs, why not call me to see if I can bring some value to what you are doing? READY TO TALK? Call me direct at 832-621-0353 or email me to schedule a FREE, no-obligation consultation. If you decide to file yourself, you can learn more by visiting PCT or National Stage Applications. How Much Does It Cost To File A PCT Application? The cost of filing a PCT application depends on many factors including who drafts and files your PCT application, on the size of your business, and on the particulars of the PCT application itself. PCT Filing Fees: PCT application filing fees are complex and mostly depend on the size of your business (entity) and…