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Patent Applications:
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Patents > Application Process
Typical steps in the patent application process:
> Provisional Application
> Searching
> Complete Application
> Renewals
Provisional Application
The patent application process
typically commences with a provisional application, which establishes
a date known as the priority date. It is important to ensure that
the invention is maintained in confidence, and not commercialised, until at
least the priority date, otherwise patent rights may be invalidated. (For a
limited number of jurisdictions, it may still be possible to seek valid
patent protection even if the invention was disclosed before the priority
date, provided action is taken within set time frames. In such
circumstances, it is important to ensure that you discuss this issue in
detail with your ADAMS
PLUCK patent attorney.)
Searching
Prior to filing a provisional application, it is desirable to undertake
searches to ascertain the novelty (i.e. the “newness”) of the invention. The outcome of such a
search, whilst not definitive, will nevertheless provide a useful basis for
planning subsequent application strategies and appropriate levels of
investment in the patent application. We are happy to discuss the available
searching options with you.
Complete Application
Within 12 months from the filing of a
provisional application, it is necessary to file one or more complete
applications. The type of action taken at this stage will depend upon the
countries in which you wish to seek patent protection. For example, if you
only wish to seek patent protection in a relatively small number of
countries, we would typically recommend the filing of national applications
in the countries of interest. On the other hand, if you wish to keep your
options open in a larger number of countries, a Patent Cooperation Treaty
(PCT) application may be the most appropriate way to proceed. A
"PCT" application reserves
your right to subsequently file national applications in over 130
countries and effectively buys you another 18 month period
before a final decision on which countries to pursue patent protection in
must be made. For a full list of
the countries covered by a PCT application, please refer to the
List of PCT Countries.
Once national applications
have been filed in the countries of interest, they are typically separately
prosecuted before each of the relevant Patent Offices. ADAMS
PLUCK liaises with a network of foreign Patent Attorneys during this phase of the
patent application procedure. The national applications are typically
examined by the various Patent Offices and, assuming all objections that may
arise (if any) are
successfully overcome, the national patents proceed to grant.
Renewal Fees
Most, if not all, countries around the word levy renewal fees that must be
paid in order to maintain a pending patent application / granted patent in
force. ADAMS
PLUCK makes use of the specialist services of
Computer Patent Annuities (CPA) for the maintenance of renewals records and
payment of renewal fees on behalf of our clients.
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