Category: PCT

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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”

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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”

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An opportunity to save a little money on search fees


On August 1, 2018 the search fee payable to the Russian international searching authority will drop. It is presently $691 and will drop to $638.

This offers an opportunity to save a little money for the applicant who is planning to use ISA/RU. If you have a client who is planning to file a PCT application using ISA/RU, and if you have the ability to postpone the filing until August 1, you can save $53.

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Getting a Super Patent

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Imagine you are counsel representing a patent owner in an infringement case.  Suppose you can say to the judge and jury:

Ladies and gentlemen, you have heard my learned opponent invite you to consider whether perhaps this patent should never have been granted because of prior art that was overlooked.  But you might be interested to know that during the time that this patent application was pending, prior art searching was carried out by not one, not two, not three, not four, but five patent offices.  The Examiners in these five patent offices were fluent in the Chinese, English, French, German, Japanese and Korean languages.  Before the claims were found to be patentable, these Examiners shared with each other the prior art that they found.  The Examiners from these five patent offices shared their thoughts as to whether the claims were patentable in view of the prior art that was found.  Only after all of these things took place did the patent office decide to grant a patent.  And this is the patent before you now.

I’d call such a patent a Super Patent.  Yes under US law any patent is to be presumed valid, but I suggest such a patent would enjoy a much greater presumption of validity.  Would you like to learn how to get such a Super Patent? Continue reading “Getting a Super Patent”

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Private in-house PCT and DAS Training

In a recent blog post I listed the remarkable number of opportunities in the next few months for public PCT and DAS training programs.  What readers might not know about is that in addition to the many PCT and DAS training programs that are provided to the general public, many PCT and DAS training programs take place privately at law firms and corporations, as I will describe. Continue reading “Private in-house PCT and DAS Training”