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Direct Filing

Direct Filing

The basic agreement of the modern system of industrial property protection is the Paris Convention, adopted in 1883, applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition.This international agreement was the first significant step taken to support inventors assure that their intellectual creations were protected all over the world. The juristic protection of industrial property was extremely prevented due to essential distinctions in patent laws of different countries.

Thus, according to the Article 4 of Paris Convention:

"Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.
Any filing that is equivalent to a regular national filing under the domestic legislation of any country of the Union or under bilateral or multilateral treaties concluded between countries of the Union shall be recognized as giving rise to the right of priority.
By a regular national filing is meant any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever may be the subsequent fate of the application."

Therefore, if the candidate desires to receive defense in several countries, applicant is not liable to instantly apply to these countries simultaneously. In these cases applicant has disposition accordingly, six or twelve months in order to make a decision on the expediency of patenting in specific countries and prepare applications in obedience to the requirements of the national legislation of these countries.

International contenders may create an application in any language, nevertheless the application must be filed in one of the ten languages under the PCT, that is in German, Spanish, Japanese, Korean, Russian, Chinese, English, Arabic, Chinese and Portuguese. The team of Translation Services USA is here for you to help with all translation processes needed.

Priority Patent Application

One of the most important details, that plays a crucial role in the whole filing mechanism is priority date, the date you filed the first application. A priority patent application means that an application you filed at a later time is considered as being filed when the first one was filed. That's why direct filing is such essential option for patent holders from countries which not included in the PCT list.

International Applications

In case if language in which the international application is registered is admitted by the International Searching Authority that is to execute the international search but is not a language of publication ,the international application will be issued in the language of translation presented by the applicant and which is accepted by the International Bureau as receiving office. In order to avoid any language issues and save your time our professional translators are here always for you to provide you accurate and prompt interpretation.

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