How much is a PCT filing, after a US national is done?
Aside from attorney fees there are many elements to the PCT filing fees. Transmittal and international filing fees Search fees Supplementary search fee and its Supplementary search handling fee Preliminary examination fee and its Handling fee They depend on things like whether you are an individual small business or corporation how many patents you have filed before how many pages and claims in the application your country of citizenship See PCT fees in US dollars s
What do patent attorneys and entrepreneurs think of Inovia for national stage patent / PCT filings?
I have used Inovia in the past for both Paris Convention filings and National Stage filings under the PCT. I have rmended their services to my clients to use as well. The service is pretty easy to use. You provide the PCT publication number and select the countries where you want to file. You then receive a price in USD to pay. You decide to buy and someone contacts you or you wire (I think) a payment to them. Either way the money gets sent to the foreign attorney who makes the filing and arranges a translation (if that is necessary). The process is very one size fits all and has no real room for whatever creativity you purport to impart into the foreign filing. The filing is made without attorney input so no one is going to tell you that your European business method application is going nowhere or that you qualify as a micro entity in Canada. That said your price is going to be relatively consistent (if not low). In some cases attorney can create networks that provide customized foreign filing services. This is insanely expensive. Let me ex. In Europe you need to pay a fee every year to keep your patent application going called an annuity. Let say this is 1 USD. The European attorney is going to charge 25 USD to pay the fee each year. The American attorney is going to charge you 3 USD to pay the European attorney each year. That 1 USD fee just cost you 65 USD. Every piece of paper that goes back and forth is like that. American attorneys typically charge either 3 or 4 for each pass. You pay a low fee if the attorney touches the paper and does no work really at all. You pay the high fee is some substantive response is required. Essentially this money goes to reminding you over and over and over again that something needs to be done. Few American attorneys even offer this service. Inovia does. That why I rmend them.
Besides the US and EU, in what other countries would you recommend converting a PCT filing to national patent protections?
To add to Mark answer a bitpanies generally consider obtaining patents (i) where their major market is (ii) where their majorpetitors are based (iii) where potential acquirers are based and (iv) where theirpetitors are filing patents. The first is pretty straightforward - where do you sell your product? Protect it there. The second is likewise straightforward. Frequently this will be the same as the first - youre a USpany with a US market and yourpetitor is in the US for example. But maybe your primarypetitor is in Australia. Sure you can stop them from importing the product into the US with a US patent but if you could stop them from manufacturing with an Australian patent then that effectively gives you a worldwide monopoly. The third is a bit more subtle. Say youre looking to sell thepany in 335 years. You may have a few ideas for acquisition targets bigpanies that may want to buy you out. They probably are interested in patent protection in their home markets. If that US and youre a USpany great but if theyre say Japanese then maybe you want to consider obtaining some protection there. It provides value to the acquirer and makes you both more attractive and more valuable. The fourth is key to finding new markets to expand into and for finding potential acquirers. If yourpetitors are suddenly obtaining patents in say France but it not their home base not a major market and you don know of any acquirer then take a closer look for why Maybe theyre about to launch a new product there. Maybe there an acquirer you don know about. Maybe they just acquired a subsidiary. Either way it worth an inspection to see if you should follow suit.
Is the term of a patent (that entered national phase from PCT) tied to the international (PCT) filing date or the priority date (original filing)?
Term of patent - Wikipedia s In Europe the clock starts from the PCT. In the US the clock starts from the non-provisional (if any) before the PCT. If there is no non-provisional then it is the PCT.
How can I open a 13Kb PCT file from 1997? All the converters I've tried return an error. I don’t have access to a Mac any more.
There are several applications that will read pct files (Photoshop illustrator Corel draw and paintshop pro to name some). But to answer your question we need to look at the error that all the converters have returned. If the error indicates file corruption you may be out of luck. Was this stored on an SSD device at anytime since 1997 by any chance? Or are you moving from an old Mac to a PC?
What is the going rate for filing "typical" patents in top PCT jurisdictions (filing fees, translation, and attorney fees)?
It depends on the application. It's alot of money regardless but a ballpark # is 1to2k dollars. Filing national phase applications and seeing them through to patents take time and money. And like you mentioned in countries such as China the translation can cost much more than the filling depending on the length of the patent application.
How can PCT be filed online from provisional patent application?
You can file online PCT through ePCT portal that will require a digital signature issued by WIPO. More details can be seen here Login page s Complete Profile on s You can read my blog posts here Technology Law Business Blog My website Advocate Rahul Dev Technology Lawyer My blogs on twitter Search - #TechLawBlog fromrdpatentlawyer s Schedule a consultation Rahul Dev - Expert - Clarity s