[Patentpractice] Traps for the Unwary When Filing PCT With 119a-d foreign priority claim?
Flash
guyvmann at flash.net
Tue Oct 21 12:52:33 UTC 2025
Sorry if this is the wrong listserv. On my phone with limited selectivity.
Is anyone else having trouble getting a DAS access code for a Chinese utility application?
I’m being told that the code isn’t made available until the patent issues, which doesn’t sound right. It’s coming to me through non-practitioners, which may be the problem of course. I’m not (yet anyway) in touch directly with Chinese patent counsel.
But finding a work around is proving difficult. Any suggestions?
Guy Vincent Manning
guyvmann at flash.net
> On Oct 17, 2025, at 2:36 PM, Carl Oppedahl via Patentpractice <patentpractice at oppedahl-lists.com> wrote:
>
>
> What you are doing is smart. It probably gets you some extra US patent term.
>
> You didn't say which RO the PCT application was filed in. Maybe the RO is a depositing office in the DAS system.
>
> On 10/17/2025 1:28 PM, Jeffrey S. Kapteyn via Patentpractice wrote:
>> A PCT was filed less than one year ago and the PCT does not claim priority to any prior applications.
>>
>> When filing a U.S. 111a application with a foreign priority claim under 119a-d to the PCT in this situation, are there any traps for the unwary?
>>
>> I’m assuming one lists the PCT in the Foreign Priority section of the ADS so it is not a bypass.
>>
>> For example, what qualifies as a “certified copy” of the PCT Application?
>>
>
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