29 thoughts on “Cross Border Inventions

  1. 7

    One my clients has a research facility in the Netherlands so I’ll go with that. Probably not Luxembourg, Liechtenstein, or even San Marino.

  2. 4

    Off topic, but Judge Cunningham authored the opinion this morning in In re Miller. Is this her first CAFC opinion? In other words, has anyone seen another authored by her yet?

    1. 3.1

      Yes, because the cat’s already out of the bag before export controls (of the first-filing, patent kind) kick in.

      1. 3.1.2

        An “Export control nightmare” with mixed U.S. and “file here first” obligated foreign inventors. Good observations. Any suggestions?


          Simultaneous national filings. Spain has a first to file domestic requirement. It’s a pain.


            “Simultaneous national filings” require getting a U.S. foreign filing clearance Before both the U.S. and non-U.S. filings.


              Please explain further in greater detail. Please use India and United States as the two inventor countries.


                I am hoping to have Aipla do a webinar on this topic during the summer. However see generally circa chapter 140 of the Mpep.


              Paul – that the point. Conflicting national laws. If there is a Spanish and US inventor on an application, both sovereigns require foreign filing clearances. So how does one comply?
              Until this is clarified – simultaneous national filings.


                No, my point was that a U.S.
                patent attorney can get a foreign filing clearance from the USPTO for an application draft copy BEFORE filing it anywhere. [As I have done.]

                This is also useful for a different situation – foreign filing clearance for an application that is not going to be filed in the U.S. because it is not valid in the U.S. but is valid in some other countries of interest. E.g., an “on sale” bar for a product not yet actually sold and delivered.

                1. Paul – as you are NOT a registered patent attorney, you will want to clarify what you have stated here.

                  Certainly, you are not saying that you engage in the unlawful practice of law, and know that you cannot file an application for another without being a registered patent attorney.

                  While doing that, maybe you can be more clear as to this filed “draft” application thing that you are suggesting.


                Groot, Anon knows perfectly well that I had been a fully practicing and professional active PTO registered patent attorney for more than 40 years before successfully fully retiring and removing my name from the PTO’s list to avoid calls from inventors. He has a sad personal compulsion to attack and try to personally insult almost anyone else who comments regularly on this or other patent blogs.
                Please also note that most of the intended issues on this blog involve patent litigation, and even Constitutional law [not internal PTO issues] for which passing the PTO’s agents and attorneys PTO practice exam is no qualification, much less a requirement.

                1. What a bunch of hooey from Paul — now “retired” for what, 15 years?

                  You are woefully out of touch with working FOR innovators Paul, and if you bothered (at all) to see that I was asking for clarification (instead of you being so eager to play the victim card), you may have actually advanced the conversation instead of showing yourself as the ninny that you are.

                  Rather than clarifying, you seek to obfuscate with your (oh so typical) “litigation is SOO much more important” strawman.

                  Maybe stop playing the victim and reread the post and add that clarification, eh?

  3. 2

    Note that this measures non-US residents combined with residents by the inventor home addresses provided on patents [and their O.G. notices], not by nationality, lab or invention locations.

  4. 1

    My guess is CN, simply because there are more Chinese with whom one might collaborate than any other single nationality.

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