Intro to international patenting rev3
13
Interna’onal Paten’ng Very Brief Overview Inventors Forum April 13, 2012 George White 4/27/12 1
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Transcript of Intro to international patenting rev3
Interna'onal Paten'ng
Very Brief Overview Inventors Forum April 13, 2012
George White
4/27/12 1
Patents are Territorial Rights
4/27/12 2
No such thing as an “interna'onal patent”
Absolute Novelty
Three Ps
Market size/$
Major Points for Interna'onal Patents
4/27/12 3
Market size/$
4/27/12 4
U.S. itself is huge A U.S. patent allows you to stop other from:
o Making it o Selling it o Impor'ng it o Using it! Do you really need anything more?
If needed outside U.S. where?
Absolute Novelty
4/27/12 5
Is the rule almost everywhere
Without trea'es one would need to file everywhere before disclosure anywhere, or forever hold your peace
Three Ps – Paris Conven'on Saves us!
4/27/12 6
Filing in any “Paris” country gives you a year to file in any other
174 Countries have signed it
Year is from first filing anywhere to all filings everywhere
United States
PPA
U.K.
China
Brazil
Three Ps – Patent Coopera-on Treaty
4/27/12 8
PCT -‐ Saves us even more !
One filing is 144 virtual filings in 144 countries
Like the "common applica'on" for many private colleges or the UC system-‐wide applica'on.
Sa'sfy the “Paris” year everywhere at once
Decide later which virtual filings will go forward to the “Na'onal Stage” in which loca'ons
United States
PPA
ONE YEAR
China
United States
NPA
PCT
Japan
EPO
x x x x x
x
Three Ps – Patent Coopera-on Treaty
4/27/12 10
Except -‐ Cost us even more !
Official Fees can be $2.7k – $4k just to file
It starts a search in US, EPO, KIPO – your choice
Search results available about 16 months from earliest filing
Three Ps – Patent Coopera-on Treaty
4/27/12 11
Then there is entering the Na'onal Stage
Three Ps – Patent Prosecu-on Highway
4/27/12 12
PPH does save money and 'me
“Work Sharing” between patent offices If one likes it, get special treatment in others
Many Bi-‐lateral Agreements EPO -‐> US, KIPO-‐>US but no KIPIO-‐>EPO
In US get accelerated for free 3 months to disposi'on, 80%+ allowance
