Searching Patent Applications - How to find out when a patent is abandoned?

S

SteveK

#1
People take out patent applications for various product designs all the time – one route is though an International Application (through WIPO under the Patent Cooperation Treaty). This will involve a search and ultimately a Patent Application Publication (WO prefix). There is no ‘World’ patent so the next stage is to go through an advanced search in the country (in my case GB) where you want the final patent published, this is where you may need to do modifications etc to get it accepted as truly novel/new. So far, so good. It is at this stage you may wish to go no further – due to costs, design practicality issues etc. The question is how would you find out that the inventor does not intend to take it any further? Is there a timescale where it just falls by the wayside? I can search for published patents as one check (only indicates the positive, not the negative event), so is there a listing (or indication somewhere) for published applications which are abandoned or do they just sit there? Any other way of finding out? Will a Patent always be 'Pending' if just an Application?

Steve
 
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Ronen E

Problem Solver
Staff member
Moderator
#2
People take out patent applications for various product designs all the time – one route is though an International Application (through WIPO under the Patent Cooperation Treaty). This will involve a search and ultimately a Patent Application Publication (WO prefix). There is no ‘World’ patent so the next stage is to go through an advanced search in the country (in my case GB) where you want the final patent published, this is where you may need to do modifications etc to get it accepted as truly novel/new. So far, so good. It is at this stage you may wish to go no further – due to costs, design practicality issues etc. The question is how would you find out that the inventor does not intend to take it any further? Is there a timescale where it just falls by the wayside? I can search for published patents as one check (only indicates the positive, not the negative event), so is there a listing (or indication somewhere) for published applications which are abandoned or do they just sit there? Any other way of finding out? Will a Patent always be 'Pending' if just an Application?

Steve
Hi,

It's been a long time since I last dealt with PCT applications, but as far as I remember the grace period for applying for national patents is 18 months; then the initial application expires. I don't know of any "organised" database that lists such void applications.

Anyway, if you can't find good answers at the WIPO website (or find the topic too boring / exhausting) I warmly recommend that you pay :2cents: to your preferred qualified patent attorney and get an authoritative answer. I believe it's worth the fortune...:lol:

Cheers.
Ronen.
 
S

SteveK

#3
Hi Ronen,

Thanks for the input. I know that from original patent application to publication (of the application) is 18 months. So I assume that you are saying that from that point there is another 18 month period to live with. And yes it is likely I will have to take advice (read PAY!:mg:) an Intellectual Property lawyer to look into a particular application.

Steve
 

Ronen E

Problem Solver
Staff member
Moderator
#4
Hi Ronen,

Thanks for the input. I know that from original patent application to publication (of the application) is 18 months. So I assume that you are saying that from that point there is another 18 month period to live with. And yes it is likely I will have to take advice (read PAY!:mg:) an Intellectual Property lawyer to look into a particular application.

Steve
No, the grace period is from the PCT application, not from the publication.

http://www.wipo.int/pct/en/faqs/faqs.html :

You have, in most cases, up to 18 months from the time you file your international patent application ... before you have to begin the national phase procedures with individual patent Offices.
 
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