Invalidating an issued patent


06-Dec-2017 13:05

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International Preliminary Examination (optional): one of the ISAs at your request, carries out an additional patentability analysis, usually on an amended version of your application.

National Phase: after the end of the PCT procedure, usually at 30 months from the earliest filing date of your initial application, from which you claim priority, you start to pursue the grant of your patents directly before the national (or regional) patent Offices of the countries in which you want to obtain them. In order to protect your invention in multiple countries you have a few options: (a) Direct or Paris route: you can directly file separate patent applications at the same time in all of the countries in which you would like to protect your invention (for some countries, regional patents may be available) or, having filed in a Paris Convention country (one of the Member States of the Paris Convention for the Protection of Industrial Property), then file separate patent applications in other Paris Convention countries within 12 months from the filing date of that first patent application, giving you the benefit in all those countries of claiming the filing date of the first application (see Question 11); (b) PCT route: you can file an application under the PCT, directly or within the 12-month period provided for by the Paris Convention from the filing date of a first application, which is valid in all Contracting States of the PCT and, therefore, simpler, easier and more cost-effective than both, direct or Paris route filings.

Everything you do say can and will be used against you! Inventors and businesses wait to file patent applications for a variety of reasons; sometimes it is because they don’t know the law.

For example, the Patent Office treats admissions by the applicant as prior art. Sometimes it is because they lack the financial backing necessary.

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Acorda markets Ampyra® for the treatment of multiple sclerosis while Astra Zeneca markets Onglyza® and Kombiglyze® for the treatment of type 2 diabetes.I find myself needing to repeat them over and over again, which is why they find themselves here on this particular list. One big problem independent inventors face when they choose to represent themselves is with respect to the very real problem of admissions.