QUESTION
Internartional Non Priority Filing in the US
Asked on Sep 19th, 2013 on Intellectual Property - New York
More details to this question:
I have a client who wants to file a non-priority patent (publication date 28th Sept 2013) internationally direct (not PCT) in the US. Just want to know whether this is possible or whether it may bar them from doing so. My client is from Malaysia. Their patent filing date is on the 28th March 2012.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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You need to look at 35 USC 102. http://www.law.cornell.edu/uscode/text/35/102 I am assuming the patent filing date on 28th March 2012 is for a foreign patent. If that patent application qualifies as prior art, any attempt to obtain a US patent on the same invention will be futile. If that patent application does not qualify as prior art, then it should not be a barrier to patent, keeping in mind that the first to invent rules are gone and any intervening event that disclosed the invention will be prior art against you.
Good luck
Answered on Sep 19th, 2013 at 8:20 AM