Examples - PCT Filing Date

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Wilbur files a patent application in Sweden that describes his invention. Twelve months later he files a PCT application on the same invention and claims priority in the Swedish application. His PCT filing date for searching and examination purposes is the filing date of the Swedish application.

Hypothetical Example No. 2. Richard files a provisional patent application in the U.S. Twelve months later he files a regular U.S. patent application and a PCT patent application that claim priority in his provisional application. His PCT filing date is the filing date of the provisional application.

Hypothetical Example No. 3. Marie files an original, regular U.S. patent application on her invention and, during the pendancy of that application, she files a continuation U.S. application. During the pendancy of her continuation U.S. application and within 12 months of its filing, she files a PCT application designating the U.S. and Canada as a continuing application of both her original U.S. application and her continuation U.S. application. She also claims priority in the continuation U.S. application. Her PCT filing date with respect to the U.S. is the filing date of her original U.S. application and with respect to Canada is the filing date of her continuation U.S. application.


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