Posts Tagged: Patent Cooperation Treaty


Beware of Traps in the New Canadian Patent Rules

The Government of Canada is changing the current Patent Act and Patent Rules to modernize the Canadian patent regime. The current Patent Rules will be replaced with …

Searching for Answers to the Standard Essential Patent Problem

Later this year (likely in October), the United Kingdom’s highest court will hear arguments on questions arising in two disputes concerning standard essential patents (SEPs). The …
By James Nurton
1 month ago 0

Mission Impossible? How U.S. Drafters Can Minimize Support/Clarity Issues Under Article 84 EPC

When drafting Patent Cooperation Treaty (PCT) applications, or applications intended to be prosecuted abroad, a U.S. drafter inevitably faces the challenge of providing a description in …
By Enrica Bruno
4 months ago 0

Mission Impossible? How to Effectively Draft the Background Section of a Patent Specification in Compliance with Both USPTO and EPO Practice

Preparation of the background section of a specification that complies with the requirements of both U.S. Patent and Trademark Office (USPTO) and European Patent Office (EPO) …
By Enrica Bruno
7 months ago 9

USPTO Announces Access to Relevant Prior Art Initiative to Import Prior Art Citations into Patent Applications

The USPTO recently announced the implementation of the first phase of the Access to Relevant Prior Art (RPA) Initiative. The initiative is being designed to reduce the …
By Steve Brachmann
11 months ago 1

Increases in Innovation, Patent Boom Leads to Development in China

The patent boom China has been experiencing is easy to explain. China as a country has been unwavering in its support for domestic patent production in recent …

CAFC affirms PTA calculation because patentee did not properly request early national stage examination

The Federal Circuit found that Actelion was required to make an express request to commence early national stage examination. Actelion’s statement “earnestly soliciting early examination,” which …

WIPO Stats on Patent Application Filings Shows China Continuing to Lead the World

Globally, a total of 3.1 million patent applications were filed with patent offices worldwide during 2016, an increase of 8.3 percent over 2015’s filing numbers and the seventh straight year …
By Steve Brachmann
2 years ago 2

Intellectual Property Rights in UK Law

There are several different forms of intellectual property rights available in the United Kingdom, each with its own formality, level of protection, and duration period. It is …
By Gemma Trencher
3 years ago 2

Navigating Through the PCT Process and the Associated Costs

A PCT application is an international application that is filed under the Patent Cooperation Treaty (PCT), which currently has 151 contracting states. A PCT application is filed with …

Could or should the USPTO adopt the EPO problem-and-solution approach for assessing obviousness?

There is a plausible case that the US law on obviousness is indeed compatible with the EPO problem-and-solution approach. It could even be said that the steps …
By Brian Cronin
3 years ago 13

PPH at the USPTO: Following the Patent Prosecution Highway for a Smooth Ride

If you qualify for participation in the PPH it makes great sense to attempt to get into the program. Not only will your application move from wherever …
By Gene Quinn
3 years ago 0

PCT Basics: Obtaining Patent Rights Around the World

For better or for worse, there is no such thing as a world-wide patent. There is, however, something that approximates a world-wide patent application that can ultimately …
By Gene Quinn
4 years ago 1

After Searching: Patent Filing Options and PCT ISAs

According to WIPO data, USPTO, EPO and KIPO are major ISAs for U.S. applicants; about 94% of intentional searches have been done by these three patent offices. …
By Stephan Sangwon Kim
4 years ago 1

An International Economy Means I Need An International Patent, Right?

Before selling your product outside the United States, you need to take into account the vastly different cultural and market preferences outside the country. As anyone who …
By Mark Nowotarski
5 years ago 0