Legal Question in Intellectual Property in New York
Regarding PCT patent applications,
If the International Search Authority has written an opinion on the application as Novel and Innovative, Can the invention be refered to as ''Patented'' instead of Patent Pending?
Asked on 1/02/05, 2:55 pm
1 Answer from Attorneys
Gerry Elman
Elman Technology Law, P.C.
Re: Regarding PCT patent applications,
No.
An invention isn't "patented" until a patent is granted by a patent-granting authority, such as the U.S. Patent and Trademark Office or the European Patent Office.
A written opinion of an International Searching Authority is good news, but it is only advisory in nature and does not constitute the grant of a patent in any jurisdiction.
Answered on 1/02/05, 10:44 pm
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