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Is the prior art search national or international?

Is the prior art search national or international?
« 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

Brad

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Re: Is the prior art search national or international?
« Reply #1 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. 

My free patent template: https://patentfile.org/free-provisional-patent-template/

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