Bill Murray <billmurray2@hotmail.com> on 08/03/2000 12:09:11 PM
To: piug-l@derwent.tecc.co.uk
cc: (bcc: Stephen E Reynolds/AE/DuPont)
Subject: FWD: Introducing new claims - interesting question
Non-member submission from ["gil" <gil@lagot.org>]
Hi,
>If a WO patent was issued with a US patent as priority.
Not to insult your intelligence, but it is important to remember
that when WIPO publishes a WO document it is not a patent. It is
an application that is being made public at 18 months past priority.
> The US patent was accepted and published. Can the inventor add a new
>claim to the WO patent, a claim that was not originally claimed in the
>priority patent but that is mentioned as an example in the priority
patent?
Not by changing the WO document. Changes to claims are made during
prosecution with the national offices. Typically by preliminary
amendment.
>Could the priority patent (US) could be used as "prior art" against the
>new claim in the WO patent??
No. That is the beauty of the Patent Cooperation Treaty.
Regards,
Steve Reynolds - with the usual disclaimer that this is not legal advise
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