Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy

By Philip W. Grubb | Go to book overview

5
FILING A PATENT APPLICATION

The Inventions Office is stuffed with plans for labour-saving processes. . . . And why don't we put them into execution? For the sake of the labourers; it would be sheer cruelty to afflict them with excessive leisure. Aldous Huxley: Brave New World

Should an Application be Filed? 70
When and Where to File 70
Inventions made in the USA 73
Keeping Records of Inventions 74
The Choice of Priority Filing Country 75
The Priority Year 77
The Foreign Filing Decision 78
Abandonment 79
79 Refiling
Home-country Patenting 80
81 Foreign Filing
The Choice of Countries 81
Non-Convention Filings 82
European Patent Applications 82
International Applications 85
Registration and Patents of Importation 86

Should an Application be Filed?

When an invention has once been made, a decision must be taken whether or not a patent application should be filed and, if so, when. A necessary first step, of course, is that the inventor or his employer realizes that an invention has been made at all. Very often, work which is done in university laboratories or in the production or customer service department of industrial companies may give rise to patentable inventions which are not recognized as such. In the former case, the academic inventors may not be aware of possible commercial applications of their work (although the business acuity of academics has markedly increased in recent years); in the latter, the inventors may think that only what comes out of the company research department can be an invention. In such cases, it frequently happens that by the time attention has been drawn to the possibility of patent protection for the invention publica

-70-

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