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Type Trademark
Writer Faulkner
Date 3 May 2008, 11:13:54
File
 
Subject Late submission of documents
Content When is the latest date that [for Paris Convention Applications]:
1. A claim for priority can be made 
          (for some countries up to 16 months from the priority date).
2. An inventor's declaration must be supplied
          (for some countries up to 3 months from the filing date).
3. An applicant (not the inventor) must provide proof of his right to apply for a patent?

When is the latest date that [for PCT National Phase Applications]:
4. An applicant (not the PCT applicant) must provide proof of his right to enter the national phase under the PCT?

Thank you
Reply Dear Faulkner,


In relation to the question no. 1

A person claiming the right of priority shall file a patent application claiming the right of priority within one year from the filing date of the earlier application.


In relation to the question no. 2

It is no need to submit an inventor's declaration for filing a patent application.

In relation to the question no. 3

It is no need to provide the proof of applicant's right to apply for a patent.

In relation to the question no. 4

If you mean "An applicant (not the PCT applicant)" as the applicant who is not indicated in the published pamphlet, the applicant is new applicant who is only indicated in the national form for entering the national phase.
If this is the case, the evidence for the proof of the new applicant must be submitted at the time of entering the national phase.

If you mean "An applicant (not the PCT applicant)" as an applicant for filing a patent in our Office, the answer is the same as indicated in no.3.
As you know, the concept "entering the national phase" is normally applicable to the PCT application, not the (general) national application.


If you need more information, please feel free to contact us.

Thank you.

With best regards,
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