Copyright & Patents/Euro patent

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Expert: - 1/28/2012


Question
Hello,

I have sold but not delivered and have not disclosed yet, my invention in India.  Can I still patent in Europe?  I plan to file PPT in US before it is delivered to India.  Thank you.  Paul

Answer
Hello,

If you have not disclosed your invention in any written (publicly accessible) source, and there are no publicly accessible, working models (prototypes) available, and if you have not disclosed the invention in any public lecture or any other publicly accessible spoken source, you can still apply for a patent in Europe.

I wonder, however, how you could sell your invention without disclosing it, but if the situation is as you write, you can still apply for a patent.

You can apply in one country (or in Europe) and use the filing date there for one year in any other country. You will need a proof of filing of the first application then.

Regards,
Rene Hasekamp

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Rene Hasekamp

Expertise

I can answer questions about European patent law and practice. My experience mainly lies in the Dutch patent practice. I am not familiar with other patent systems than the European and Dutch systems, although I am familiar with general issues regarding patents. Please don`t ask me questions, specific for US patent law or any other non-European patent law.

Experience

I have been a patent examiner in the Netherlands Patent Office for 35 years. Now 9 am retired. I have been a deputy judge for patent cases in The Hague's District Court from January 1991 until June 2011.

Education/Credentials
I graduated in Chemistry and Law at Leiden University. I have worked in the Netherlands Patent Office as an examiner for 35 years until my retirement in 2003. I was appointed as a honorary deputy judge for patent cases in 1991. After my retirement I still work at a few cases on patent law in The Hague District Court.

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