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William B. Esq.
William B. Esq., Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Patent question. Soooo Im an undergraduate and I had my friend&#

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Patent question. Soooo I'm an undergraduate and I had my friend's friend file our design patent app last month. But I want to file it internationally too. What is the process for filing the design patent in Canada or Mexico?

Also, if I want to file a similar new design patent app that claims priority off the one I filed last month, what is the deadline to file internationally for the new design patent app?

In other words, if the deadline to file internationally is six months when a design app was filed, do those new design apps that claim priority off earlier filed ones, start the date from when the earlier filed ones were filed or when the new apps were filed if they claim priority of an earlier design app? I'm confuuused!
Submitted: 8 months ago.
Category: Legal
Expert:  William B. Esq. replied 8 months ago.
Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX X would like to assist you today.

Regarding your question about priority, as long as you file your international patent application within 12 months of your domestic application, you can claim priority back to the date of the domestic application - you must claim the priority in your international application:
"Generally, patent applicants who wish to protect their invention in more than one country first file a national or regional patent application with their national or regional patent Office, and
within 12 months from the filing date of that first application (a time limit set in the Paris Convention for the Protection of Industrial Property), they file their international application
under the PCT. Thus, in an international patent application, you may claim the priority, under the Paris Convention – and to a certain extent within the framework of the World Trade Organization –, of one or more earlier patent applications for the same invention, whether
they were national, regional or international applications, for up to 12 months after the filing of the earliest of those applications. If you do not claim priority of an earlier application, the priority date for the purposes of the PCT procedure will be the international filing date of the international application. During the PCT procedure, priority claims may be added and corrected, within certain time limits. "

For information regarding the application process, the USPTO has multiple resources to assist applicants in filing an international patent to protect their creations abroad.
http://www.wipo.int/pct/guide/en/gdvol1/pdf/gdvol1.pdf
http://www.wipo.int/export/sites/www/p ct/en/basic_facts/faqs_about_the_pct.pdf
http://www.uspto.gov/patents/int_protect/
http://www.uspto.gov/patents/process/file/efs/guidance/indexing-pct-new-appl.pdf

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.

Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.
Customer: replied 8 months ago.

Does this apply to design patents though, or only utility patents? because I was pretty it was 6 months for design patents?


 


Also, is there a specific procedure for filing design patents internationally, like in Canada? I can find info for utility patents, but not design.

Expert:  William B. Esq. replied 8 months ago.
This applies to all patents.

The 6 months relates to a "Foreign Filing License" (http://www.uspto.gov/faq/faqs_lr.jsp) which allows you to file an application with a foreign country. You must file this application within 6 months of filing the original application, but you cannot file with the foreign country until the application is approved.

The procedure I identified above is a mechanism under the Paris Convention Priority and Patent Cooperation Treaty. This relates to priority and not a filing deadline.

Here is a short article by a law firm regarding the various issues with foreign filing and some of the strategy considerations regarding the same: http://www.bitlaw.com/patent/international.html

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2959
Experience: Civil litigation attorney for individuals and businesses.
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