International Patent

[mlbailey]

What is the name of your state? Alabama

Can a international patent that has not been filed in the US be filed in the US and be patented to another company? We are not the original patent owners, but this patent has not been patented in US and we would like to patent it if possible.

Thanks

 

[divgradcurl]

What is the name of your state? Alabama

Can a international patent that has not been filed in the US be filed in the US and be patented to another company? We are not the original patent owners, but this patent has not been patented in US and we would like to patent it if possible.

Thanks

No. See 35 U.S.C. 102(a). Once an invention is described in an issued patent anywere in the world, it cannot be patented by another in the U.S.

 

[mlbailey]

international patent

If the patent is assigned to me can I patent in US if it was a WIPO application?

Thanks

 

[divgradcurl]

If the patent is assigned to me can I patent in US if it was a WIPO application?

Thanks

No. Ony the inventor is entitled to file for a patent. Depending on how long ago the patent was issued, or the patent appication was published, it may be possible for the inventor to file in the U.S. -- but typically an assignee doesn't have the right to file and prosecute an application.

You may want to talk to a local patent agent or attorney to find out if there is some special factual circumstance that you are in that might allow a patent to be filed in the U.S. But generaly speaking, ony the inventor has the right to file.

 

[mlbailey]

international patent

Thanks for your response. The patent was filed 11-99 by the inventor. Is there anyway to modify this invention or file for patent protection in the US under the original patent?

Thanks

 

[divgradcurl]

Thanks for your response. The patent was filed 11-99 by the inventor. Is there anyway to modify this invention or file for patent protection in the US under the original patent?

Thanks

It's far too late now to file an application on the original patent in the U.S. -- the inventor had a year to do so, that's long since past.

If you could come up with an improvement to the patent that is itself patentable, then it is certainly possible to file for a patent in the U.S. on the improvement. If you did get a patent issued, it would keep anyone from practicing the original invention (that was not patented in the U.S>), but you could (potentially) patent and protect the improved version.