@maxi1981
Thanks
Question 27, the statements I have put in bold
receiving and storing all application documents and
publishing the international application on WIPO’s online database PATENTSCOPE. My understanding is LIT's application PCT/AU2017/050104, “Process for extracting and recovering lithium values from lithium bearing materials” should be visible when search.
From the PCT FAQs page I have copied below.
10) How long does the PCT process take?
You have, in most cases, up to an additional 18 months from the time you file your international patent application (or usually 30 months from the filing date of the initial patent application of which you claim priority – see
Question 11) before you have to begin the national phase procedures with individual patent Offices and to fulfill the national requirements (see
Question 26).
This additional time can be useful for evaluating the chances of obtaining patents and exploiting your invention commercially in the countries in which you plan to pursue patent protection, and for assessing both the technical value of your invention and the continued need for protection in those countries.
It is important to note, however, that you do not have to wait for the expiration of 30 months from the earliest filing date of your patent application (“priority date”) before you enter the national phase – you can always request an early entry into the national phase.
Since, in the national phase, each patent Office is responsible for examining your application in accordance with national or regional patent laws, regulations and practices, the time required for the examination and grant of a patent varies across patent Offices.
11) What does it mean to “claim priority” of an earlier patent application?
Generally, patent applicants who wish to protect their invention in more than one country usually first file a national or regional patent application with their national or regional patent Office, and within 12 months from the filing date of that first application (a time limit set in the
Paris Convention, see
Question 2), they file their international application under the PCT.
The effect of claiming the priority of an earlier patent application is that a patent shall not be invalidated by reasons of any acts accomplished in the interval, such as another filing, the publication or sale of the invention.
26) What happens to my application in the national phase?
Once you have entered the national phase, the national or regional patent Offices concerned begin the process of determining whether they will grant you a patent. Any examination which these Offices may undertake should be made easier by the PCT international search report and the written opinion and even more by an international preliminary examination report.
2) How do I protect my invention in several countries?
Patents are territorially limited. 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.
FURTHER INFORMATION
mce-anchor27) What is the role of WIPO in the PCT?
WIPO administers the PCT. It also organizes the
PCT Assembly, the
PCT Working Group and the
Meeting of International Authorities. Further, for each PCT application filed, WIPO is responsible for:
– receiving and storing all application documents;
– performing a formality examination;
–
publishing the international application on WIPO’s online database PATENTSCOPE;
– publishing data about the PCT application as prescribed in the
Treaty and Regulations;
– translating various portions of the PCT application and certain associated documents into English and/or French, where necessary;
– communicating documents to Offices and third parties; and
– providing legal advice on request to Offices and users.
WIPO also:
– provides overall coordination of the PCT System;
– provides assistance to existing, new and potential Contracting States and their Offices;
– provides advice on implementing the PCT in the national legislation and on setting up internal procedures in the Contracting States’ patent Offices;
– publishes the
PCT Applicant’s Guide and the
PCT Newsletter;
– creates and disseminates PCT information via the
PCT website,
webinars, and through telephone and e-mail assistance; and
– organizes and gives
PCT seminars and
training courses.
Question 27, the statements I have put in bold
receiving and storing all application documents and
publishing the international application on WIPO’s online database PATENTSCOPE. My understanding is LIT's application PCT/AU2017/050104, “Process for extracting and recovering lithium values from lithium bearing materials” should be visible when search.
(20min delay)