National Phase Entry in San Antonio | |
National Phase Application A national phase application is a stage in the process of obtaining a patent in a foreign country. A national phase application is a stage in the process of obtaining a patent in a foreign country. When a patent application is filed under the Patent Cooperation Treaty (PCT), it is initially filed with an international application receiving office (ARO). The international application is then subjected to a formalities examination by an International Searching Authority (ISA), which provides an international search report (ISR) and a written opinion on patentability. After that, the applicant has the option to enter the national phase in various countries by filing a national application within a certain period, usually 30 or 31 months from the priority date. During the national phase, the applicant must comply with the requirements of each national or regional patent office, including paying the required fees and filing translations of the application and other documents as necessary. The examination and grant of the patent are then handled by the national or regional patent office, based on their own laws and regulations. The national phase application process can be complex and time-consuming, and it may involve different requirements and procedures in each country. It is often advisable to seek the assistance of a patent attorney or agent who is familiar with the relevant laws and practices in the countries where protection is sought. Different types of National Phase Entry There are different types of national phase applications that can be filed under the Patent Cooperation Treaty (PCT), depending on the specific needs and strategies of the applicant. Here are some of the most common types: Direct national phase application This is the most common type of national phase application, where the applicant files a national application in a specific country or region within the prescribed time limit (usually 30 or 31 months from the priority date) based on the international application filed under the PCT. Regional phase application Some countries have regional patent offices, such as the European Patent Office (EPO) or the African Regional Intellectual Property Organization (ARIPO). In this case, the applicant may choose to enter the regional phase instead of filing separate national applications in each country covered by the regional office. Divisional application If the international application covers multiple inventions, the applicant may file a divisional application during the national phase to pursue a separate patent application for each invention. This can be useful if some of the claims in the original application are rejected or if the applicant wishes to pursue different strategies for each invention. Continuation application This type of application allows the applicant to pursue additional claims or subject matter that were not included in the original application. It can be useful if the applicant discovers new aspects of the invention or wishes to cover additional embodiments. Conversion application If the applicant decides not to pursue the international application or to abandon it for some reason, they may file a conversion application during the national phase to convert the international application into a national application in a specific country or region. | |
Target State: All States Target City : All Cities Last Update : 16 December 2024 6:05 PM Number of Views: 39 | Item Owner : SURYA Contact Email: (None) Contact Phone: (None) |
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