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To protect your invention in various nations, you will have two options to move ahead. First, you can prepare and file your application directly in those countries of interest. Second, you can do it with the help of PCT (Patent Cooperation Treaty). You can decide the right method to apply based on numerous factors such time to protect your invention, maturity, funding stage, etc.
You can go with the first method only if you complete everything, be it funding your application, or other related things. Meanwhile, PCT is the most convenient method to file your application. To file your application through PCT, you need to go through multiple steps.
To start the process, you need to file your PCT application first. After completing it successfully, you need to find the patent office that can review your claims made in the application.
Now the role of the International Search Authority (ISA) begins. They perform a patent search to find the relevant existing patents, research papers and documents related to the patent that challenge your application's novelty. They offer you a complete international search report that helps you determine the possibility to secure your patent in your targeted countries. The ISA publishes the report within 18 months from the date of filing your application.
3. Supplement Search
You get the right for supplemental search on the course of the international phase too. Apart from this, you can also modify your claims.
You should process to nationalize your application within 30 months from the priority date. During this period, you can nationalize your application in the countries that you desire to get the patent right.
5. Foreign Prosecution
Your every nationalized application will adhere to country-specific rules and regulations. It follows the process to grant the prosecution.
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35+ Y | M.S. (Electronics) | Ex-GE | Ex-Lockheed Martin | Ex-Northrop Grumman
Jason has 35+ Years of Combined Technical & Legal Experience,
where Jason has worked for several Fortune 500 organizations
including General Electric, Lockheed Martin & Northrop Grumman.
Jason has drafted more than 150 patent applications and prosecuted
over 200+ office actions with a 90% patent grant rate in the areas
of Electronics, Software and Electrical Technologies for Fortune 500
Jason holds a Bachelors and Masters of Science in Electrical Engineering from George Mason University and has completed his MBA from Colorado State University.
15+ Y | Ph.D. | Ex-GE | IIT Kanpur Alumni
Anand is a Technology Analyst with 15+ years of experience in the Technology & Patent Domain. Over the years, he has gained immense hands-on experience in consulting Technologists & In-house R&D Teams of Fortune 50 organizations for developing, protecting & licensing innovative proprietary technologies. He has worked onsite/offsite extensively with global teams of attorneys, technologist & business leaders across many jurisdictions such as US, Europe, Canada, China, South Korea, Singapore & Middle East. He holds Masters(Integrated) in Chemistry & Ph.D. in Materials Science both from Indian Institute of Technology(IIT), Kanpur, India.
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