[Pct] Combine two priority filings from different countries and applicants into one PCT

[Rick Neifeld]

"If there was no assignment from A1 to A2, what would be different
regarding the PCT filing?"  - If no assignment before filing of the PCT,
then the PCT would have failed to comply with the successor in title
provisions of Paris article 4.

"They have a corporate assignment from A1 to A2 for the India application."
- Is there an unbroken chain of title under the applicable choice of laws
provision?  Does Indian law vest ownership in a corporate entity
disrespecting natural law rights, if any, of the inventors? Did the
inventors assign in writing the first application to A1, and did the other
inventors assign from the second application to A2?

Is the subject of any claim not supported entirely by a single priority
application?  If not, then you have an issue.

Bodenhousen does not address the question whether Paris 4A(1)'s  "one" of
the countries of the Union has preclusive effect. And I am not aware of any
case raising that issue regarding entitlement to Paris priority.

Rick


On Fri, Jun 13, 2025 at 8:28 AM Ryan Gleitz via Pct <pct at oppedahl-lists.com>
wrote:

> Hi all, I’d appreciate any insights into or pitfalls to avoid in this
> scenario:
>
>
>
> Applicant A1 files a priority founding application in India.
>
> Applicant A2 files a priority founding application in US on the same day.
>
> They have different inventors but related subject matter.
>
>
>
> They want to combine specs into a single PCT filed by Applicant A2. They
> have a corporate assignment from A1 to A2 for the India application.
>
>
>
> Does anyone know of anything I should to now to avoid trouble at PCT
> and/or national stage?
>
>
>
> If there was no assignment from A1 to A2, what would be different
> regarding the PCT filing?
>
>
>
> Thanks
>
>
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-- 
Best regards
Rick Neifeld, J.D., Ph.D.
Neifeld IP Law PLLC
9112 Shearman Street, Fairfax VA 22032
Mobile: 7034470727
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