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ARTICLE · 23 MARCH 2015

IP5 Offices - Preparing An IP5-Compatible Patent Application: Formalities

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Although the patent disclosures and filing formalities of the IP5 countries share some common features, there are slight differences between them...

United StatesIntellectual Property

Although the patent disclosures and filing formalities of the IP5 countries share some common features, there are slight differences between them, which should be kept in mind when preparing an international patent application that would likely be entered into national stage in multiple IP5 countries.  The focus of this article is to highlight the differences in national stage entry requirements in the IP5 countries.  The next IP5 article will cover the differences in the application parts and the ordering of the application in the IP5 countries.

China

A Chinese national stage application has to be filed within thirty months from the earliest priority date, or the filing date of the PCT application if no priority is claimed.  If an application fails to enter the Chinese national stage within the thirty-month window, the filing can be extended up to two months from the thirty-month date with an additional restoration fee.

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