質問
I filed for a provisional patent almost one year ago. If I plan on going international with this patent, is it smarter to submit a PCT application before filing for a nonprovisional patent in the US? Or does the US not extend the 12-month deadline within which you must file for a nonprovisional after filing for a provisional patent? I know other PCT member countries grant you an additional 18 months from your priority date but does the US? Subsequently, can my provisional patent application be used as my PCT application or must it be changed first?
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Yes, what you can do is file a PCT application by the one year deadline. Then you can either wait until the national phase to enter the US OR you can file what is known as a bypass continuation application in the US without waiting until the national phase application. By only filing a PCT application by the one year deadline, you will receive a International Search Report and a Written Opinion within 6-8 months of the PCT filing. That will let you know how "patentable" your application is and only having to file (and pay for) a single patent application by the one year deadline. If you plan to use the provisional application as the PCT application, make sure that you comply with all of the PCT application requirements. Filing only a PCT application by the one year deadline is a good strategy for many clients, especially those of limited funds.
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