Why Timing Is Crucial In Intellectual Property Bid

Posted by Business
By Raymond Allen


In 2008, the United Nations World Intellectual Property Office recorded 1.76 million international patent application filings. This number saw a slight decline last year, with filings falling down by 4.5%, which WIPO chief economist Carsten Fink attributes to the US financial crisis. The US still keeps the top position as country with most patent applications, with Japan and Germany ranking second and third, respectively. China has demonstrated a grand leap, ranking 5th next to Republic of Korea. China edged out France, increasing patent application by up to 30%.

Acutely conscious of the current state of economy, many corporations providentially attempt intellectual property security primarily by filing patent application. An invention is shielded from being imitated by competitor parties in the inventor's originating country and even across borders.

The first thing to remember in patent application is that timing can mean life and death. The first to file the patent application holds ownership of the innovation, even if this person may not necessarily be the first to have manufactured the material or product.

Filing Away an international patent through the PCT or the International Patent Cooperation Treaty grants an applicant to keep a priority date (typically your U.S. filing date) for 30 months while forging entry into any of the 141 countries and regions under the PCT Union, for a one-time comparatively low government registering fee.

This time period of embargo reserves the patent applicant to use time to decide on the countries he would like to follow up on patent application in, without threat that a challenger may be pacing in. PCT also requires a one-time filing fee.

Preps for patent application through the Patent Cooperation Treaty entail a documentation of the state and background of intellectual property statute law in the inventor's state, and a precognition of the inclemencies of procuring patent in other countries.

This preceding data is an enabler in a winning and successful patent application through the Patent Cooperation Treaty.




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