Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: DullBoy on December 15, 2021, 10:59:32 AM

Title: Non-provisional application followed by international applications
Post by: DullBoy on December 15, 2021, 10:59:32 AM
As I understand from another topics

https://patentfile.org/forum/patent-questions-and-advice/how-do-i-go-about-filing-my-patent-internationally (https://patentfile.org/forum/patent-questions-and-advice/how-do-i-go-about-filing-my-patent-internationally)
https://patentfile.org/forum/patent-questions-and-advice/is-the-prior-art-search-national-or-international (https://patentfile.org/forum/patent-questions-and-advice/is-the-prior-art-search-national-or-international)

there is 12-months window for non-provisional application in the US and for international applications.
In case of PCT PPA there is still 12-mo window for national NPPA and 30-mo for international ones.
But it remains somehow unclear is there any window for international applications after non-provisional application in the US?

Say if I filed US NPPA at 1 Feb 2022 and US patent will be issued circa 1 Aug 2023 what is the safe time range to file an international applications if any?
Title: Re: Non-provisional application followed by international applications
Post by: Brad on December 15, 2021, 02:12:45 PM
I am not fully certain I follow your question, but, you only have 12 months from the filing of your FIRST application to file a PCT.

In your example where you filed your US non-provisional on February 1, 2022 you would need to file your PCT on or before February 1, 2023.   This assumes your US non-provisional was your first application.

If you filed a US provisional on October 1, 2021 then filed your US non-provisional on February 1, 2022 you would need to file your PCT on or before October 1, 2022.

Title: Re: Non-provisional application followed by international applications
Post by: DullBoy on December 19, 2021, 02:07:55 PM
Thanks a lot, Brad!

I now understand that the PCT application is a completely separate entity other than Provisional and Non-Provisional applications, which should not be confused.

When I need to apply to USPTO, I will know who to contact.
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