[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?
>> 
> 
> --
> Patentpractice mailing list
> Patentpractice at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/patentpractice_oppedahl-lists.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/patentpractice_oppedahl-lists.com/attachments/20251021/356957eb/attachment.html>


More information about the Patentpractice mailing list