Patent Drafting for Multiple Jurisdictions

Description

Many patent applicants would like to have a single patent application that will serve them in several countries. This is ambitious since there are many differences between various countries' patent systems, but perhaps not impossible. Patent counsel need to be aware of and try to balance all the different requirements in the single patent application.

Among the key considerations are grace period provisions in the various countries. A patent may only be granted for new inventions, but some countries have grace periods for inventor disclosures. This can be critical for some patents where data is needed to support patent claims. Patent counsel must be aware of the data requirements from the various countries in which they anticipate filing the patent applications, as deficiencies in the data can be difficult, if not impossible, to remedy during prosecution depending on the country. Further, when drafting an application, counsel should take care over their choice of language, as this can impact the amendments that will be permitted during prosecution, and on the ability to enforce and defend the granted patent.

Listen as our authoritative panel of patent attorneys examines some important considerations when drafting a single patent application, focusing on the key jurisdictions of the U.S., Korea, EPO, and China. The panel will discuss grace periods and how much data is recommended for filing a patent application in the U.S., Korea, EPO, and China. The panel will also examine ways of drafting the application to minimize future added subject matter and patent profanity issues in the U.S., Korea, EPO, and China.