
Contents
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Should an Application Be Filed? Should an Application Be Filed?
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When to File When to File
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Inventions Made in the United States Inventions Made in the United States
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Keeping Records of Inventions Keeping Records of Inventions
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Where to File Where to File
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The Priority Year The Priority Year
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The Foreign Filing Decision The Foreign Filing Decision
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Abandonment Abandonment
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Refiling Refiling
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Home-Country Patenting Home-Country Patenting
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Foreign Filing Foreign Filing
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The choice of countries The choice of countries
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Non-Convention Filings Non-Convention Filings
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European Patent Applications European Patent Applications
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International Applications International Applications
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Registrations and Patents of Importation Registrations and Patents of Importation
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Petty Patents Petty Patents
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5 Filing a Patent Application
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Published:December 2016
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Abstract
This chapter first addresses questions such as whether a patent application should be filed at all, and if so, when and where to file. As a general rule, if an invention appears patentable and may be of some commercial interest, a priority application should be filed. The applicant then has one year under the Paris Convention before significant amounts of time and money must be invested in filing in other countries. If the decision is made to file in other countries, or even to proceed to obtain a patent in the home country, the first filing gives a priority date that can be relied upon later. In other words, when in doubt, file an application. The remainder of the chapter discusses non-convention filings, European patent applications, international applications, registrations and patents of importation, and petty patents.
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