PCT WIPO Initial Filing Date

[Rizwan]

Hi all,

I am not an American and I'm looking to file my patent using the WIPO website - PCT method.

It's difficult for me to finance this project all on my own so it is my intention to seek funding from companies that may want to manufacture my idea.

Can anyone please tell me to what extent does the initial filing at PCT protect me? Can I file in PCT today for the search and written opinion, and then advertise my product to investors tomorrow?

Is the PCT initial filing date important or the date of filing at each country (National Phase) thereafter?

Thanks in advance for your answers. Much appreciated!

 

[quincy]

Hi all,

I am not an American and I'm looking to file my patent using the WIPO website - PCT method.

It's difficult for me to finance this project all on my own so it is my intention to seek funding from companies that may want to manufacture my idea.

Can anyone please tell me to what extent does the initial filing at PCT protect me? Can I file in PCT today for the search and written opinion, and then advertise my product to investors tomorrow?

Is the PCT initial filing date important or the date of filing at each country (National Phase) thereafter?

Thanks in advance for your answers. Much appreciated!

What country are you in?

You can file an international patent application with WIPO. The date the application is received will be the date recorded as the filing date, and this filing date will be recognized in all WIPO member countries. Because the filing date is the date that will be looked at when determining which inventor is the "first to file," it is an important date.

This filing date also starts the period of time that the patent application must be filed in any other country where you want patent protection.

Here are two WIPO links for you to review:

http://www.wipo.int/pct/en/

http://www.wipo.int/export/sites/www/pct/en/basic_facts/faqs_about_the_pct.pdf

I recommend you sit down with a patent attorney in your country for advice and direction. Good luck.

 

[Rizwan]

What country are you in?

You can file an international patent application with WIPO. The date the application is received will be the date recorded as the filing date, and this filing date will be recognized in all WIPO member countries. Because the filing date is the date that will be looked at when determining which inventor is the "first to file," it is an important date.

This filing date also starts the period of time that the patent application must be filed in any other country where you want patent protection.

I recommend you sit down with a patent attorney in your country to go over what is your best course of action. Good luck.

I am in Singapore.

I think you have answered my question. Thanks very much.

So legally speaking the PCT filing date is what matters.

Would it be better that I reveal my invention to potential investors immediately after filing and attempt to seek what funding I need?

Or, would it be better to wait until the first written opinion comes in before the examination phase?

Would there be any difference in waiting?

 

[quincy]

I am in Singapore.

I think you have answered my question. Thanks very much.

So legally speaking the PCT filing date is what matters.

Would it be better that I reveal my invention to potential investors immediately after filing and attempt to seek what funding I need?

Or, would it be better to wait until the first written opinion comes in before the examination phase?

Would there be any difference in waiting?

You will want to have your filing date which, in the US, is indicated on the filing receipt sent to the applicant by the USPTO after the application is received. I would not disclose your invention to others until then, unless you have a non-disclosure agreement in place.

I recommend you seek additional help with your patent from a patent attorney in Singapore.

Good luck with your invention, Rizwan.