Patent and Invention Help Forum

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Patent Questions and Advice / Re: Overcoming prior art in patent
« Last post by Brad on January 16, 2021, 08:53:39 AM »
If it is shown clearly in your figures you can point that out to the examiner as support for amending your claims.

Let's say I apply for a patent on January 2020.
The examination takes place on June 2020 and reveals that a published prior art exists and it was published on March 2020.

Would that mean that I can still patent my invention given that my filing was earlier than the publication of the prior art found?

Or since a prior art has been found, and regardless of its publication date, I will not be able to patent my invention?

Patent Questions and Advice / Overcoming prior art in patent
« Last post by iper on January 15, 2021, 10:02:32 AM »

I have applied for a patent for an invention that examination revealed something similar. I have found a way to distinguish my invention by highlighting a particular feature but this is not explicitly mentioned in my description. What can I do?

Not in the US but there may be something in Europe or WIPO that I am not aware of.

In the US unpublished applications (including their titles) are kept secret. 
Does your recently filed National Stage claim priority to your first PCT?

If so, you may be able to claim priority to that and because that already includes a priority claim to the first PCT it may be included naturally through that priority chain. 

It is very rare for one PCT to claim priority to another PCT and I am not even sure if this is possible.  It would require some research.


Is there a website to check the titles of the submitted patent applications before they have been published?

Preferably, globally?


I have filed a PCT(1) which has been now published.
Just before the PCT(1) publication, I had filed another national Application(1) for the same invention where I included some additional things.

Is it possible that I now file a new PCT(2) with the additional things and claim priority over the Application(1) that I filed before the PCT publication?

Will my PCT(2) have to be novel over my PCT(1)?

I really want to proceed with patenting my Application(1) and not my PCT(1) so that I include all the details and additional things I want.

Patent Questions and Advice / Re: Can an email be used to claim priority?
« Last post by Brad on January 12, 2021, 09:08:56 AM »
No.  Only a filed patent application can be used as a valid priority claim.

In the past you could sometimes use an email to establish your date of invention in the United States but that is no longer the case as the US moved to a "first to file" patent system from an older "first to invent" patent system.

Bottom line - get those patent applications filed as early as you can to lock on your priority date.
Patent Questions and Advice / Can an email be used to claim priority?
« Last post by iper on January 12, 2021, 07:58:27 AM »

Can an email sent from an inventor to their patent agent, be used to claim priority over an invention or a component of an invention in a subsequent patent application?

It is possible to include them both in the same application which will save you some money initially in filing fees.  However, if the patent examiner believes they are distinct inventions they will ask that you choose one of the inventions for examination.  You will then have the opportunity to file a spin-off application called a "divisional" patent application focusing on the second invention. 
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