*Information of interest to inventors and companies that have PCT applications that must already enter the national phase of the PCT*
STAGES OF THE PROCESS OF PATENTING OUR PATENT BASKET ICE TRAY ABROAD
November 24, 2016.- The patenting process for the PB ice cube tray begins for the first time before the Peruvian patent office (Indecopi) in order to generate the priority date on this date with file No. 2526- 2016/DIN.
November 22, 2017.- Just 2 days before the expiration date of the year to submit file 2526-2016/DIN to the WIPO PCT program, this file is accepted into this program on this date, generating the number of international application PCT/PE2017/000028 for the purpose of an ISA / PCT (International Searching Authority) patent office carrying out the international search for the state of the art within the framework of this WIPO program, to see if our PB ice cube tray has inventive step and novelty.
July 24, 2018.- The chosen ISA/PCT patent office -INPI Brasil- (in the stage known as the international phase of the PCT) issues the respective report, which is favorable, since it determines that our PB ice tray meets the requirement of novelty and inventive step for all its technical claims (unique constructive elements) that are claimed and where the closest antecedent, but irrelevant in when to affect the novelty and inventive step of our PB ice cube tray is the following ice cube tray:
May 1-30, 2019.- Given that the report issued by the WIPO ISA/PCT was favorable in every way and that it was unlikely that any patent office would find something similar in the future, this motivates us to seek partners in the 153 PCT member countries to help us enter the international application PCT/PE2017/000028 in the national phase in exchange for assigning them 50% of the intellectual property rights of the PB ice cube tray, that is, under the Patent Basket technology transfer system.
March 23, 2021 (The bad news).- One of the patent offices where the PB ice cube tray was entered into the national phase (The USPTO), reports that unfortunately it has found an ice cube tray created in 2008 that is very similar to the PB ice cube tray, but the which was not detected before by the ISA/PCT patent office, this is the invention:
IMPORTANT: “Although having a PCT application with a favorable report in the international PCT phase is something positive, this fact does not guarantee 100% that in the future, that is, when the PCT application is entered in the national phase in different countries, it will not inventions will appear that affect the novelty of the PCT application ”, that is why, contrary to what some patent agents may recommend -not all of course- it is Not a good idea to patent technologies internationally without the help of partners who invest in these expenses, since if the foreign patent office in charge of processing the granting the PCT application finds a similar precedent, -as what happened to us, with our PB ice tray-, the financial damage you will suffer as an inventor will be less if you partner with someone and your desire to continue developing inventive activities will remain intact.
*Although the fact that we have been denied the patent for our PB ice tray in the National PCT Phase -because of a precedent not found in the International Phase of the PCT-, has caused us a loss, the economic damage would have been enormously higher if we had carried out these procedures without the help of partners, which has allowed us to save approximately $ 16,000.00, We also indicate that our valuable foreign partners continue to be satisfied with our work, since each of them has only lost an average of $ 700.00 and they knew that this was a natural risk of the project, as we always told them that the favorable PCT reports obtained in the international phase they are not infallible, Likewise, although they have lost this amount, they consider that they have won, because now they know how the patent system and the Patent Basket work system work and they will be able to freely replicate it, whether they continue working with us or do it with other technology owners. and / or companies*
Communication from the USPTO DENYING THE GRANT OF THE PATENT OF OUR ICE TRAY PATENT BASKET in the national phase of the PCT.