PCT application

[iassaf]

I have filed for a provisional patent with the USPTO on Nov 30, 2007. I want to file for the non-provisional patent and file for the PCT. My questions are:

1- I live in Canada, am I allowed to file the PCT through the USPTO even if I am not a US citizen and don't live in the US?

2- One the PCT is filed, do I have 18 months from the filing date of the PCT or 18 months from the expiry date of the provisional patent to file in the member countries of the PCT?

3- Once the PCT is filed, do they distribute the patent on the member offices to examin or wait the 18 months for conclusion of the USPTO and my decision on where to file?

4- Is the EPO inculded in the PCT?

5- Does the EPO give protection over a number of countries or you still have to apply to individual members?

6- Any advantages for applying to the EPO rather than individual countries, ie. cost, time, etc?


Thank You,

Imad Assaf

 

[divgradcurl]

1- I live in Canada, am I allowed to file the PCT through the USPTO even if I am not a US citizen and don't live in the US?

Are you a U.S. citizen, or a Canadian citizen? If you are a U.S. citizen residing in Canada, then yes. If not, then probably no. See 35 U.S.C. 361, but see 37 CFR 1.421 - 1.423 for exceptions.

See also:

An all too common occurrence is that applicants will file an international application in the U.S. Receiving Office and no applicant has a U.S. residence or nationality. Applicants are cautioned to be sure that at least one applicant is a resident or national of the U.S. before filing in the U.S. Receiving Office. Where no applicant indicated on the request papers is a resident or national of the United States, the USPTO is not a competent receiving Office for the international application under PCT Rule 19.1(a). Nonetheless, the date the international application was filed in the USPTO will not be lost as a filing date for the international application if at least one applicant is a resident or national of any PCT Contracting State. Under PCT Rule 19.4, the USPTO will receive the application on behalf of the International Bureau as receiving Office (PCT Rule 19.4(a)) and, upon payment of a fee equal to the transmittal fee, the USPTO will promptly transmit the international application to the International Bureau under PCT Rule 19.4(b). However, if all of the applicants are indicated to be both residents and nationals of non-PCT Contracting States, PCT Rule 19.4 does not apply, and the application is denied an international filing date.

2- One the PCT is filed, do I have 18 months from the filing date of the PCT or 18 months from the expiry date of the provisional patent to file in the member countries of the PCT?

Can you plain priority to a U.S. provisional in Canada? If you are not a U.S. citizen (or otherwise allowed to file internationally in the U.S., see 1805 Where To File an International Application [R-6] - 1800 Patent Cooperation Treaty), then you have to file you initial application in the patent office of your home country -- and I doubt that the CPO would allow you to claim priority to a U.S. provisional application -- but I could be wrong.

That said, all PCT dates are measured from the priority date of the application, whatever than date may be.

This chart may be helpful: 1842 Basic Flow Under the PCT [R-2] - 1800 Patent Cooperation Treaty

3- Once the PCT is filed, do they distribute the patent on the member offices to examin or wait the 18 months for conclusion of the USPTO and my decision on where to file?

The chart shows the basic flow.

4- Is the EPO inculded in the PCT?

Yes.

5- Does the EPO give protection over a number of countries or you still have to apply to individual members?

Guide for Applicants - Part 1: Der Weg zum europäischen Patent: A. General, II. Nature and purpose of the European Patent Convention

Guide for Applicants - Part 1: Der Weg zum europäischen Patent: A. General, IV. Choosing a route: national, European or international