Filing in Non-PCT Countries

A very common pitfall is failure to file applications in non-PCT countries. Since so many countries are members of the PCT, and since many applicants designate all PCT countries when filing Chapter I, it is easy to fall into complacency about other filings. But indeed, not all countries are members of the PCT. Disclosure of the invention before filing in those countries, whether by selling the product, advertising it on the Internet, or publication of the patent application by the PCT, U.S. or other country at 18 month, often destroys whatever chance the applicant had of securing rights in those countries. Non-PCT countries to keep in mind are Venezuela, Argentina, Taiwan, Saudi Arabia and nearby Middle Eastern countries. The problem has also recently arisen in many Middle Eastern countries. Saudi Arabia, Kuwait and others used to recognize U.S. and EPO patents, but since they began prosecuting patent applications in their own patent offices, protection can only be secured by filing applications directly in those countries. A current listing can be found on the Internet.