Filing a Late US National Stage Entry of Patent Cooperation Treaty (PCT) application with foreign priority claims can be complicated and intimidating. With the various deadlines, requirements, and applications that must be filed in order to obtain patent protection, it is easy to make mistakes or miss crucial deadlines. Fortunately, there are ways to recover from missed deadlines by filing late national stage entries or requesting reinstatement of rights lost due to unintentional delay. In this article we will discuss the steps for filing a late US national stage entry of PCT application with foreign priority claims as well as how to go about recovering from missed deadlines.
1. Overview of the Patent Cooperation Treaty and its relevance to filing late US National Stage entries
The Patent Cooperation Treaty (PCT) is an international treaty that harmonizes the procedures for filing patent applications in different countries. The PCT makes it possible to file one application, which can then be filed in multiple countries within a set period of time from the filing date of the initial application. This allows applicants to delay costs associated with prosecuting patents worldwide until they have decided which countries they wish to pursue patent protection in.
2. Understanding foreign priority claims and how they relate to late US National Stage entries
Foreign priority claims are a way of protecting the rights of an invention in multiple countries based on one earlier application filing. Under PCT, applicants can claim priority from a previously filed foreign application and use it as the basis for filing a national or regional phase patent application within a set period of time. However, this period of priority protection is limited to certain deadlines and if they are not met, the priority claim can be lost.
3. Determining whether you can file a Late US National Stage Entry with Foreign Priority Claims
In order to determine whether one can file a Late US National Stage Entry with foreign priority claims, it is important to understand the time limits set by the applicable national law and designated offices concerned. Generally speaking, applicants may request restoration of rights lost due to unintentional delay in filing within two months from the date on which they became aware of their unintentional delay or from the date on which it is possible to file the late national stage entry.
4. Steps for recovering from missed deadlines when filing a PCT application in the US
If the deadlines have been missed or the priority period has expired, applicants may still be able to recover their rights by filing a late national stage entry, petitioning for reinstatement of their rights, or requesting restoration from any applicable time limit.
• File a Late US National Stage Entry: In order to file a late US National Stage Entry with foreign priority claims, applicants must file a PCT application with the international bureau at least two months prior to the expiration of the priority period. To do this, they must submit an application data sheet, pay applicable fees and provide evidence that they are entitled to priority for their invention.
• Petition for Reinstatement of Rights: Applicants may also petition for reinstatement of their rights in order to obtain patent protection after the priority period has expired. This involves filing a petition with the applicable national office and proving that their delay in entering the national stage of their application was due to unintentional circumstances.
• Request Restoration from Any Applicable Time Limit: Finally, applicants may also request restoration from any applicable time limit under certain provisions of Patent Law Treaties Implementation Act. The applicant must file a declaration that they were unaware of the time limit or that there was some other reason for failing to meet it, such as accidental circumstances or extraordinary reasons beyond their control.
5. Benefits of filing a Late US National Stage Entry with Foreign Priority Claims
Filing a Late US National Stage Entry with foreign priority claims can be beneficial for applicants who are looking to obtain patent protection in multiple countries. It allows applicants to delay costs associated with prosecuting patents until they have decided which countries they wish to pursue patent protection in as well as giving them the ability to recover from any missed deadlines or time limits that may have expired. Additionally, filing a late US national stage entry with foreign priority claims can provide applicants with the opportunity to obtain patent protection in multiple countries more quickly and cost-efficiently.
6. Potential risks associated with filing such an entry
As with any legal procedure, there are potential risks associated with filing a late US national stage entry with foreign priority claims. Such risks include the possibility of being denied by the applicable national office or having to pay additional fees when requesting reinstatement of rights. Additionally, applicants must be aware that filing such an entry may increase the amount of time and effort spent in obtaining patent protection in multiple countries.
7. Tips for avoiding missing future deadlines related to patent applications
To avoid missing deadlines related to patent applications, it is important for applicants to keep track of their filings and take into account time differences between countries. Additionally, applicants should ensure they are aware of all relevant deadlines and that the proper procedures have been followed for obtaining priority rights. It is also important to work with a trusted attorney or advisor who can provide guidance throughout the application process.
If you have any questions regarding filing a National Stage Patent Application in the US, please contact us. Arlen Olsen at Schmeiser, Olsen & Wattsaolsen@iplawusa.com or 518-220-1850.