Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Mariem on April 22, 2021, 02:28:47 AM

Title: Is the prior art search national or international?
Post by: Mariem on April 22, 2021, 02:28:47 AM
When the USPTO makes a search for prior art, does it only concern prior art in the USA or globally?

In other words, when I patent my invention in a random country today, can I patent it in the USA after few years. The criteria of novelty may be in question.


Thank you
Title: Re: Is the prior art search national or international?
Post by: Brad on April 22, 2021, 09:08:14 AM
Prior art searching should always be international.   In order to get a patent you must be the first one in the entire world to invent that and any foreign documents the patent examiner can find can and will be used to reject your patent.

If you file a patent in one country you only have one year (12 months) to file in other countries.  If you miss that window it would be too late to try and later file in different countries. 

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