You can still file a PCT application! (Use RO/IB)

Okay, folks, we are all sort of reeling from this pesky little problem that right now absolutely every external-facing USPTO system is broken.  So for example if you want to try to file a US patent application, you will find that EFS-Web is broken, and you will find that Patentcenter is broken.   Oh, and you remember that “contingency” EFS-Web server that was set up in 2014 so that any time the main EFS-Web server was broken, you would still have a way to file US patent applications?  Well, that’s broken too.

So what if the kind of patent application you want to file happens to be a PCT application?

Did you think about the fact that there is an e-filing system at the International Bureau?  Yeah!  The e-filing system at the RO/IB is not broken.  It is working fine right now.

Maybe what you want to do right now is feel bad that you missed my November 17 webinar entitled Picking a Receiving Office.  In that webinar, I discussed in great detail the pros and cons of filing a PCT application at the USPTO (through EFS-Web or Patentcenter) or filing a PCT application at the IB (through ePCT).  And this webinar was CLE accredited!  Maybe now you feel bad you missed it?  And this webinar was free of charge!  Now do you feel bad that you missed it?  Well, no need to feel too bad, because although we often do not succeed in recording these webinars, this time somehow we managed to record it.  You can see the recording here.  Right now if you want to file a PCT application, consider e-filing it at the RO/IB.  

Now of course if the invention was made in the US, you are going to need to consider whether you already have a suitable foreign filing license (FFL).  Maybe the FFL that got granted in your priority application covers (substantively) the content of the PCT application that you are getting ready to file.  Or maybe your invention was not made in the US in which case the whole FFL thing is not relevant.  

But the main thing to remind yourself about here is that anybody who is entitled to use the PCT system at all is entitled to use the RO/IB.  So there is always the chance that your filing situation might permit use of RO/IB in which case it might not have to be a problem that the various USPTO systems are all broken right now.

Webinar recording now available: Picking an International Searching Authority

So you missed the CLE-accredited webinar about the Patent Cooperation Treaty that took place on Wednesday, December 8, 2021 entitled Picking an International Searching Authority?  Well, all is not lost.  You can download the program materials here and you can view the video recording here.  It is unlikely you will ever find anyplace that offers a comparable 86 minutes of discussion of this fascinating topic.  As a reminder this recording is provided free of charge, courtesy of the World Intellectual Property Organization.  You might be able to view it directly in your web browser here:

 

Here is a description:  Continue reading “Webinar recording now available: Picking an International Searching Authority”

December 8 – an ideal PCT day!

Wednesday, December 8 will be an ideal day for enthusiasts for the Patent Cooperation Treaty.  Two action-packed events, one after another, both free of charge.

10:30 AM Eastern Time to 1PM Eastern Time.  WIPO’s annual Advanced PCT Seminar.  Topics include:

  • Recent and future developments in the PCT System
  • ePCT: latest and future developments

The prepared materials will conclude at noon Eastern Time, at which time a one-hour Q&A session will provide an opportunity for participants to ask PCT-related questions of WIPO’s panel of PCT experts.

Your presenters are Matthias Reischle-Park, Hanna Kang, Cécile Chatel, and Pascal Piriou.

For more information, or to register, click here.

2PM Eastern Time to 3:40 PM Eastern Time.  Picking an International Searching Authority.   A PCT filer from the US has eight International Searching Authorities to choose from:

  • Australian Patent Office (ISA/AU)
  • European Patent Office (ISA/EP)
  • Israel patent office (ISA/IL)
  • Japanese Patent Office (ISA/JP)
  • Korean Intellectual Property Office (ISA/KR)
  • Russian patent office (ISA/RU)
  • Singapore patent office (ISA/SG)
  • United States Patent and Trademark Office (ISA/US)

Is there some particular ISA among these eight ISAs that is always or nearly always the best choice for nearly all PCT filers?  (The answer is no!)

What are the advantages and disadvantages of these various International Searching Authorities?   What are aspects of a particular patent application that might make a big difference to an applicant in the applicant’s process of selecting an ISA?

As a bonus topic we will talk about ways that power users can use ePCT to communicate with ISAs, and we will talk about ways to transfer funds to ISAs.  We will also discuss the likely futility of trying to get the ISA to agree to let you hand in formal drawings after you have made the mistake of filing your PCT application with informal drawings.

Your presenter is Carl Oppedahl.

The event is free of charge, because of generous support from WIPO.  For more information, or to register, click here.

Webinar recording now available: National phase or Bypass?

So you missed the CLE-accredited webinar about the Patent Cooperation Treaty that took place on Friday, November 19, 2021 entitled National Phase or Bypass Continuation?  Well, all is not lost.  You can download the program materials here and you can view the video recording here.  It is unlikely you will ever find anyplace that offers a comparable 88 minutes of discussion of this fascinating topic.  As a reminder this recording is provided free of charge, courtesy of the World Intellectual Property Organization.  You might be able to view it directly in your web browser here:

Here is a description.  Continue reading “Webinar recording now available: National phase or Bypass?”

Webinar recording now available: Picking a Receiving Office

So you missed the CLE-accredited webinar about the Patent Cooperation Treaty that took place on Wednesday, November 17, 2021 entitled Picking a Receiving Office.  Well, all is not lost.  You can download the program materials here and you can view the video recording here.  It is unlikely you will ever find anyplace that offers a comparable 90 minutes of discussion of this fascinating topic.  As a reminder this recording is provided free of charge, courtesy of the World Intellectual Property Organization.   You might be able to view it directly in your web browser here:

Here is a description of the program. Continue reading “Webinar recording now available: Picking a Receiving Office”

Four more upcoming webinars!

Okay folks.  Here are four more upcoming webinars for you.

The first three webinars, which all relate to the Patent Cooperation Treaty, are free of charge, thanks to the generous sponsorship of WIPO.

If you have not already done so, I suggest you share this page with all of your colleagues who handle PCT patent applications, so that they will have a chance to sign up for the PCT-related programs.

Who do you know that is scrambling around to try to pick up those last few ethics CLE credits before the end of the year?  Share this page with that person so that they can consider attending the December 10 legal ethics program on securing electronic communications.

Who do you know that is scrambling around to try to pick up a bunch of general CLE credits before the end of the year?  The price is right, especially for the first three programs.

If you don’t want to miss out on these and other webinars when they get scheduled, just subscribe to this blog.  

Upcoming PCT webinars – eHandshakes-Access Rights-eOwnership

WIPO has two upcoming PCT webinars.  

In this webinar you will be guided through the different steps on how to establish eHandshakes, create an access rights group, manage/share access rights and request eOwnership of already filed PCT applications.  Your presenters are Pascal Piriou and Jiao Mo.  

Tuesday 07 September : 09-10.30 am (Asia, India, Europe time zones…)

Registration link: https://wipo-int.zoom.us/webinar/register/WN_lVwEVDu_TxSOwi7IUJZFXw

Wednesday 08 September: 4:30-6:00 pm (America time zones)

Registration link: https://wipo-int.zoom.us/webinar/register/WN_EbCdVUgTSSOUbcaPlvmonA