Patent and Invention Help Forum

Non-provisional application followed by international applications

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/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?

Brad

  • Patent Agent
  • *****
  • 1937
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Non-provisional application followed by international applications
« Reply #1 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.

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

Hire Me:  https://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: Non-provisional application followed by international applications
« Reply #2 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.

 

Menu Editor Pro 1.0.2 | Copyright 2014, Matthew Kerle