Seven reasons why you Are a novice when Hiring A Patent Attorney

Patent Attorney

Some New Guidelines On Primary Aspects In

"We often hear folks say, 'I have a patent on XYZ,' Wang said. "Many times, what they really have is a filed patent application that is pending, or in some cases, the patent application may have even been abandoned." 3. A "provisional" patent application is not an enforceable patent There is no such thing as a "provisional patent," Wang said. "This term should never be used," she added. When people refer to a provisional patent, they actually mean a provisional patent application, which is simply a filing date placeholder. It does not by itself mature into an enforceable patent, Wang said. If a company in the US files a provisional patent application, a non-provisional patent application or a Patent Cooperation Treaty (PCT) application must be filed claiming priority to the provisional application. Or, as an alternative, the business could convert the provisional application into a non-provisional one if they are still within the one-year time period, though this is uncommon, Wang said. "Either way, if nothing is done within a year, the provisional patent application expires and becomes essentially void," Wang said. 4. A PCT application on its own does not mature into an enforceable patent A PCT application, sometimes called an International Patent Application, does not by itself mature into an enforceable patent, Wang said. Similar to a provisional patent application, a PCT application is a placeholder that preserves an applicant's ability to file the application in many countries, including the US. After the PCT application is filed, the applicant must take active steps within a set period of time to submit subsequent follow-on filings in each country to eventually obtain enforceable patents.

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