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ARTICLE · 22 JANUARY 2013

Filing Third Party Observation of a PCT Application - a double edged sword

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Third parties can submit to the International Bureau observations of prior art relating to a published PCT application.

AustraliaIntellectual Property
Jack Redfern
Jack Redfern
Nicholas Lakatos
Nicholas Lakatos
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On 2 July 2012, the World Intellectual Property Organisation (WIPO) introduced the opportunity for third parties to submit to the International Bureau (IB) observations in the form of prior art relating to a published Patent Co-Operation Treaty (PCT) application. This prior art includes documents that the third party believe are relevant to the novelty and/or inventive step of an invention which is the subject of a PCT application.

As with all steps in the process of obtaining patent protection there are a number of tactical considerations to keep in mind.

The Essentials

  • Third party observations can be made at any time from the date of publication of the PCT application until the date of 28 months from the earliest priority date of the PCT application.

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