Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: newpatenter on December 03, 2018, 03:50:56 PM

Title: PCT patent rejected if similar patent is found in one of the target countries?
Post by: newpatenter on December 03, 2018, 03:50:56 PM
For the PCT application, what will happen to the application if a very similar or the same patent is found in one of the target countries? The entire patent application will be failed, including in US, or just failed in that country?

Thanks,
James
Title: Re: PCT patent rejected if similar patent is found in one of the target countries?
Post by: Brad on December 03, 2018, 07:39:43 PM
PCT applicants do not "fail" or get "rejected" like a normal country specific application, however, PCT applications do have a search and opinion that is generated so the worst that would happen is the PCT gets a negative opinion which is then passed down to each country where you file.

Note that if any patent office finds prior art in any other country around the world your patent will still be rejected.  For example, if the US Patent Office finds prior art in China they can still use that to reject your US patent. 
Title: Re: PCT patent rejected if similar patent is found in one of the target countries?
Post by: newpatenter on December 03, 2018, 10:22:48 PM
Note that if any patent office finds prior art in any other country around the world your patent will still be rejected.  For example, if the US Patent Office finds prior art in China they can still use that to reject your US patent.

That means the PCT approach is not as safe as normal patent application? I cannot understand why is that. It seems that it doesn't make much sense.
Title: Re: PCT patent rejected if similar patent is found in one of the target countries?
Post by: Brad on December 04, 2018, 01:23:21 PM
I am not sure what you mean by "safe"?

Most patent offices have a strict novelty rule which means if they can find your invention existed before you filed your patent application they will reject your patent even if the prior invention was from a different country.


More about the PCT Patent Process:  https://patentfile.org/how-to-turn-your-provisional-patent-application-into-an-international-patent-application/ (https://patentfile.org/how-to-turn-your-provisional-patent-application-into-an-international-patent-application/)