• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I file European Patent despite PCT?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Orela

Junior Member
What is the name of your state? California

I have a US patent and also filed a PCT application at that time? This summer I was supposed to start filing in European countries, or for a European patent through my PCT application time limit expiration. Once, the PCT application time limits for all other countries are expired. Can I still separately file for an European patent (separately from the PCT time limit) at any other given time later within the next couple of months, or year (as it would be separate from PCT)? Or, do I have to apply/file for each European country separately in that situation?

Any advice, or info would be greatly appreciated.
Thank you!
Orela
 


divgradcurl

Senior Member
What is the name of your state? California

I have a US patent and also filed a PCT application at that time? This summer I was supposed to start filing in European countries, or for a European patent through my PCT application time limit expiration. Once, the PCT application time limits for all other countries are expired. Can I still separately file for an European patent (separately from the PCT time limit) at any other given time later within the next couple of months, or year (as it would be separate from PCT)? Or, do I have to apply/file for each European country separately in that situation?

Any advice, or info would be greatly appreciated.
Thank you!
Orela

I know this is a late response and you may not be reading this site anyone, but:

If the time period for your PCT has expired, then you are probably sunk unless you can somehow revive the PCT (if that's even possible, it would require someone to take a detailed look at your case). If the PCT has expired, and your US application has published, it is likely too late to file in any European country, as most (if not all) European countries (and most countries in the world, for that matter) have an "absolute novelty" requirement, which means that ANY public disclosure prior to the filing of the patent will negate issuance of a patent (there is no 1-year grace period like in the U.S.).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top