Expert: George H. Morgan, P.E., Patent Agent - 7/2/2011

Question
Dear Sir

I have some other questions:

1-If for example i applied patent in UK ,can i apply the same time in us A and other countries or it is not allowed.And what happend if i applied two place at the same time before getting the patent approval.

2-What is the use of provisional patent if we already know it will not be examined?And what happen if someone applied a utility patent within the same year,will the patent office then examine my provisional patent.I mean how will they know if i applied before the guy applying after me if they will not even bother to read my provisional patent.


3-If someone patent in UK for example ,can someone steal my patent and apply it anywhere?Do international law allow me or give me duration time period to have the opportunity to apply my patent after getting approval patent.Will i get exclusive 1 year duration to choose what country i want to patent.

The reason i am asking is because patent in UK is much more cheaper than USA and other countries too.

Answer
1.You can apply in as many countries as you want, as long as you meet the requirements of each of the countries. However, once the patent issues in any other country, usually it is considered prior art and it is too late to file again in other countries.
2. The purpose of the provisional application was explained previously. When you follow up with your formal application, the USPTO digs out the provisional and reads it. However, it has happened that someone else may file, not knowing about your provisional, and their filing is examined by a different examiner, and eventually there are two patents held on the same invention by two different people. This happened with two battery companies, who each rolled out their new patented battery (each had a battery life indicator) with great fanfare, and subsequent embarrassment. So, as is typical for major corporations in such matterss, they cross licensed each other and then went to court to see whose invention it was. In such cases, who ever could prove first to invent wins, but whoever has the priority date is in the better position.
3. I am not an authority on patent law in the U.K. You need to consult a British Patent Agent.

Best wishes on your project.
George H. Morgan
Patent Agent
Professional Engineer