Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: fareez on September 10, 2015, 11:40:53 AM

Title: PCT or local
Post by: fareez on September 10, 2015, 11:40:53 AM
Dear friends :
Please have a look at the attached pic.
1-This is a comparison between Pct and Paris , so which is better ( faster for selling ) ?
The publication in the PCT case is after 6 months from the application , but if there is no local application
(only PCT) would it be the same or it would be longer? is the publication same like patent ?
2- I am thinking to do PCT and any fast country same time , what do you think ? what is the faster country?
3- I heard that Italy is the cheapest country for patent application , do you know how to apply?
Title: Re: PCT or local
Post by: Brad on September 10, 2015, 04:18:41 PM
Hi,

1)  Doing Paris Conventions Filings (i.e. filing directly into each country) will get you a patent faster than going the PCT route.

2)  The advantage of PCT is that it lets you delay your expensive costs of filing directly in each country.   I am not sure why you would file a PCT and directly in each country at the same time.  I have seen people do a PCT and USA fast-track at the same time which is maybe what you are asking?

3)  I have no experience with filing in Italy.

Title: Re: PCT or local
Post by: Sathish on September 11, 2015, 07:04:49 AM
1. Go for Paris convention
2. New Zealand Patent office is known for its faster prosecution period
3. No idea
Title: Re: PCT or local
Post by: fareez on September 11, 2015, 02:08:27 PM
Thanks,
I want the fastest way so I read that
South Africa has the advantage of being relatively low cost and very fast to grant ( 6 months ). Then New Zealand but it is more expensive.
So is USA fast-track better ?
Title: Re: PCT or local
Post by: Brad on September 12, 2015, 03:28:01 PM
It seems like you are basing your patent decisions on which country is fastest which is strange.   Most people base their filing decisions based on market size and demand as well as how strongly patent rights are enforced.  So sure you could file your patent in New Zealand or South Africa but how many customers live in those countries?  How strongly are patent rights enforced there? 

What is your reason for choosing speed over market size?   Most people do USA, Europe, Canada, and a few Asian countries because there are lots of people there and patent rights are enforceable.  I have never seen anyone file directly in South Africa.   

Title: Re: PCT or local
Post by: fareez on September 13, 2015, 03:53:30 AM
Thank you for your help.
My idea is to have a patent from any PCT member as soon as possible so I will be able to speak with the manufacturers then I will be able to file in any other country .
Title: Re: PCT or local
Post by: Brad on September 13, 2015, 11:57:26 AM
I am not sure how you are coming to that conclusion.   For example, if I get a patent is South Africa very quickly there is no guarantee the US Patent Office will automatically give me a patent in the USA.   There is something called the patent prosecution highway (PPH) that makes the process a bit easier but nothing is guaranteed.

If getting a patent quickly is your goal, I would suggest you look at the USPTO Fast Track (Track I) program.  I have filed a few of these and we were able to get a USA patent in under 6 months.  The cost is an extra $1,035 for most inventors (micro entity filers) in addition to the standard fee plus attorney/agent time but it is often worth it. 

Title: Re: PCT or local
Post by: fareez on September 15, 2015, 04:45:20 AM
Thanks I think it is a good idea but I need some details about the fees and what they include?
(for USPTO Fast Track (Track I) program):
1-Micro entity filers
2-Standard fee
3-Attorney/agent time
4-Is there a reduction for the person from a developing country ?
so how much the total approximately will ( I will write the patent )?
Title: Re: PCT or local
Post by: Brad on September 17, 2015, 08:35:16 AM
If you are a micro entity filier, the upfront (initial) filing fee at the USPTO will be $1,035 USD.   This does NOT include attorney or agent time which can range from $3,500 to $10,000+ depending on how complex the invention is. 

There is no discount for people from a developing nation. 
Title: Re: PCT or local
Post by: johndavis12 on October 03, 2015, 09:30:48 AM
Hello! Paris is faster  :)