谢谢各位回复. 实际运作中我们先申请一个PCT(临时PCT), 拿到申请日及号(即该申请可以成为后续申请的优先权)后, 使其视撤(不交费), 12个月期满前再交一个正式PCT, 请求该临时PCT的优先权. 最近发觉这样的优先权在有些国家可能不被承认, 比如美国35USC366:
=== 35 U.S.C. 366 Withdrawn international application. ===
35 U.S.C. 366 Withdrawn international application.
Subject to section 367 of this part, if an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, under the conditions of the treaty and the Regulations, before the applicant has complied with the applicable requirements prescribed by section 371(c) of this part, the designation of the United States shall have no effect after the date of withdrawal and shall be considered as not having been made, unless a claim for benefit of a prior filing date under section365(c) of this section was made in a national application, or an international application designating the United States, filed before the date of such withdrawal. However, such withdrawn international application may serve as the basis for a claim of priority under section365 (a) and (b) of this part, if it designated a country other than the United States.
=== END OF 35USC 366 ===
说实在的, 不大明白35USC 366 的确切含义. 那位同行有实际案例? |
