Founder and manager: Marc Zuta, Patent attorney and Electronics engineer
Source: WIPO
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Examination will help you, whether the Written Opinion is favorable (recommending grant of a patent) or negative.
The Written Opinion of the International Searching Authority at PCT indicates whether the invention is patentable or not.
If you file a Demand for Examination, the Written Opinion becomes a formal, binding, strong recommendation of the PCT to the patents offices of 153 countries, to grant you a patent there.
If the Opinion is negative, filing a Demand allows you to start a dialog with the examiner at PCT, to solve the objections and persuade the examiner to change the recommendation to a favorable one.
On the other hand, if you don't file a Demand for Examination, a favorable Opinion is ignored at the worldwide patent offices; however a negative Opinion will be seen by examiners at the 156 patent offices, so you will have an uphill battle at each patent office.
If you don't file a Demand for Examination, there can't be a dialog with the PCT examiner, so you can't try and convince him.
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You may consider either starting with a PCT patent application, or a provisional application, or a standard nonprovisional application, say in Israel or the US.
This is a complex, multifaceted decision, relating to the invention itself as well as the business plan you are pursuing.
It's important to notice that there is no such thing as a worldwide registered patent. The PCT patent application provides just temporary protection, then becomes abandoned; it can't become a patent.
To achieve granted patents, you need to file patents in the countries and/or regions you desire protection therein.
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PCT applications provide only temporary protection. At some stage you need to file national and/or regional patent application
in countries where you desire protection.
What is the deadline for filing these applications? In some countries, such as Israel and the US, it is 30 months from priority.
In EPO it is 31 months.
The following table indicates the deadline for filing national and regional patent applications from PCT.
Deadlines for filing national/regional patent applications
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Official fees for PCT patent applications (pdf)
The filing fee depends on the designated search and examination authority. Israelis can choose between Europe, the United States or Israel. Your choice should be indicated in the documents filed with your PCT application.
The filing costs differ according to your choice, being on the order of between about NIS 9,000 and NIS 18,000.
The costs may change over time, you may check before filing.
In addition there are the patent attorney's service fees.
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Applicants from designated states are entitled to a reduction of official fees, see for example
PCT fees reduction up to 90% (pdf)
You can check your eligibility to a reduction at WIPO.
Reduction of 75% eligibility
Proper planning of the patent application can achieve a reduction in fees in the next stage, of regional and national patent applications.
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In all patents-related tasks there is a deadline. If you miss it, there are additional costs, or it may be impossible to continue: To answer an exam report, request a PCT exam, revive an abandoned application, etc.
You are competing with all the inventors worldwide- the first to file an application, has a better chance to win.
Marc personally handles all our office's customers- and only accepts a limited number of projects at a time.
Marc personally answers questions- and only a limited number of questions each day.
You may have one good idea, an once-in-a-lifetime opportunity. Don't miss it
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E&OE
Beit Amot Mishpat, Tel Aviv, ISRAEL
P.O. Box 2060, Petah Tikva 4912001
Email: marc@patent4u.co.il