Q: If my two patent applications can’t have the same title, but the priority country allows it, how is that handled here?
A: While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!
A: I am not aware of a rule that precludes having two patent applications with the same title. As a practical matter, I avoid doing so but I am not aware of a rule that will prevent it. If both applications issue as patents, they will be unique based on the patent number even if they have identical titles.
Further, there is not a rule that causes you to have the same title for member of the patent family in different countries. You may have a title in the US that is very different from the same idea that you patented in Canada or Australia.
I hope that this helps.
Kevin E Flynn
A: You have to handle it according to the laws of the country where the application is filed. What the priority country allows or not is irrelevant for the purposes of filing country.
This is, of course, a very big problem at times. To deal with this, you need to make sure that the first application in the priority chain is consistent not only with the laws of that country, but also obeys the rules of all of the other countries. The way that I typically handle it is that I draft a patent application that follows all of the laws of countries where the invention will eventually be applied for, and do a preliminary amendment or a Rule 161/162 Communication response, when the application enters the national/regional phase or is filed therein.
In case of amending the title to comply with the local rules is not a big deal, but other amendments may be more difficult.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.