An opportunity to save some money on PCT search fees

As I reported to you on July 20, 2018 (blog article), the search fee paid in US dollars by US filers for a PCT search carried out by the EPO will drop on September 1, 2018.

Presently $2207, it will soon drop to $2095.

This means that if you are getting ready to file a PCT application, and if you are a US filer, and if you are planning to select EPO as your ISA, and if you have the flexibility to postpone your filing date to September 1, 2018, you can save some money by doing so.

Filing a PCT application during the USPTO system crash

As a reminder, if the application that you are trying to file happens to be a PCT application, consider filing it at RO/IB instead of RO/US.  In other words don’t try to use EFS-Web for filing your PCT application.  Use ePCT to e-file it directly at the IB.  Of course if the invention was made in the US, you will need an FFL (foreign filing license).  Maybe the FFL that you already received in your US priority application will cover the PCT application.  Also keep track of when it will be midnight in Switzerland (ePCT will tell you what time it is in Switzerland).

A chief benefit of using ePCT to e-file your PCT application in the RO/IB is that you will instantly be able to see what you just filed.  You can see the contents of your PCT application in ePCT (just like what you would usually do in Private PAIR).

Live in-person PCT Seminar in Redwood City, California in October

I will be teaching a live, in-person Patent Cooperation Treaty seminar October 16-18, 2018 in Redwood City, California.[googlemaps https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d12662.193970662394!2d-122.22871293619356!3d37.49497980044707!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x808fa257364cfbff%3A0xfa2b9aec28116101!2sCourtyard+by+Marriott+Redwood+City!5e0!3m2!1sen!2sus!4v1533600727686&w=600&h=450]

For more information, or to register, click here.

How long USPTO takes to publish a 371 case

A colleague in Minneapolis asked me the other day how long it takes the USPTO to publish an entry into the US national phase.

MPEP § 1120(IV) says:

The projected publication date normally will be the later of: (1) eighteen months from the earliest filing date claimed; or (2) fourteen weeks from the mailing date of the filing receipt. The publication process takes about fourteen weeks.

I identified our most recent half dozen published patent applications that were entries into the US national phase.  And another half dozen published patent applications from a year ago that were entries into the US national phase.  And arrived at some average publication delays.  It was nothing like fourteen weeks.

Continue reading “How long USPTO takes to publish a 371 case”

ISA/JP becomes easier for US filers to use

Japan Patent OfficeThe way it has been in the past, if a US PCT applicant were to make use of the Japan Patent Office as an International Searching Authority, the applicant would need to make sure that the application falls within particular subject matter (“green tech”).  The practical consequence of this was that as a general matter, US filers tended not to select ISA/JP.   But things changed on July 1, 2018 and now it is much easier for US filers. Continue reading “ISA/JP becomes easier for US filers to use”