IP Courses Lecture Site

Austrian entrepreneur X filed a patent application in Austria in May 2024. After 10 months, it is still unclear in which countries he would like to protect his new sensor technology. As he is looking for investors, he wants to keep his options open.

Question: What options does X have to extend protection beyond 12 months without having to file immediately in all countries?

Company Y initially files its invention in Germany. In the 11th month, it submits an international application and claims the priority of the German application.

Question: What date is considered the filing date for the international application and thus for calculating the term of protection?

Entrepreneur Z files a PCT application with the European Patent Office. She wants to obtain protection in the US, China, and Japan at a later date.

Question: What steps must Z take within 30 months at the latest to prevent the application from expiring in these countries?

An Austrian company submits an international application in German. It also wants to apply for protection in the USA and Japan at a later date.

Question: What additional requirements must be met for these countries in the national phase?

A start-up submits an international application. The search report is negative and refers to several earlier publications.

Question: What options does the start-up have, still in the international phase, to improve its chances of being granted a patent?

Applicant A only wants to pursue the application in the USA, Canada, and at the EPO, but excludes China and Korea.

Question: What are the consequences if A does not enter the national phase in these countries?

During the national phase, the US Patent Office decides to grant the patent only in a limited form, while the EPO grants the patent in full.

Question: Why can the results of the same international application differ in different countries?

A German inventor first files a national application and then, within 12 months, an international application.

Question: How does the claimed priority right affect the prior art published between the two applications?

An international application is published. The search report has not yet been completed at this stage.

Question: What type of publication takes place in this case, and how is the report supplemented later?

Entrepreneur B files an international application. After a few years, he decides to stop paying annual fees in Canada, while continuing to maintain the patent in Europe.

Question: What are the consequences for the Canadian patent, and which one remains in force?

Question: What is the international phase of a PCT application and how long does it last?

Question: What were the objectives of introducing the international patent application in the 1970s?

Question: What is the difference between an A1, A2, and A3 publication in the context of the international application?

Question: Why is the international application not a world patent?

Question: What is meant by “transition” to the national phase?

Question: What role does the right of priority play in connection with the international application?

Question: What information is typically included on the cover sheet of an international patent application?

Question: Why can the same international application result in different outcomes in different countries (e.g., grant, limitation, or rejection)?

Question: When are most of the patenting costs incurred in the context of an international application?