PCT question.

[mittalpa]

Hi
I have an idea which can work in around 10 countries. I live in US but citizen of India.
1. Should I file patent under for PCT or file for each specific country?
2. If I file under PCT then do I need to file in US or India at all?

Please advice. Thanks

Pankaj

 

[divgradcurl]

1. Should I file patent under for PCT or file for each specific country?

PCT is the usual way to claim patent protection in multiple countries.

2. If I file under PCT then do I need to file in US or India at all?

Well, you need to file in a country -- the PCT is a way to take an application filed in a single country and then have the application also submitted to other countries in a way the protects your interests. PCT applications can get complicated in a hurry, and there are a lot of specifics that you need to follow to ensure proper priority of you application, and to make sure you are compliants with everyone's rules. Startt reading here: http://www.uspto.gov/web/offices/pac/dapp/pctlegaladminmain.html, but it might be worthwhile to sit down with a local patent attorney or agent who can advise you accordingly.

 

[mittalpa]

Thank you.

 

[DJoshEsq]

You don't have to be a citizen to file a PCT application in the U.S. Receiving Office - only a U.S. resident. You can always file the PCT application with the International Bureau in Geneva as well.

 

[divgradcurl]

You don't have to be a citizen to file a PCT application in the U.S. Receiving Office - only a U.S. resident. You can always file the PCT application with the International Bureau in Geneva as well.

Good point, I forgot about the International Bureau -- I guess that's what happens when you stop prosecuting!