Wabash, IN asked in Patents (Intellectual Property) and Intellectual Property for Indiana

Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document

3 Lawyer Answers
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: There are no global patents. You may be looking for a Patent Cooperation Treaty patent application which is the front end of many patent systems (including the US). If so, you can look here https://patentscope.wipo.int/search/en/search.jsf

This is the search tool run by the World Intellectual Property Organization (WIPO) https://patentscope.wipo.int/search/en/search.jsf

All tools take some getting used to. You may want to hire a patent attorney to do the searching for you.

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James L. Arrasmith
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Answered

A: The concept of global patents is not recognized within the patent system. Instead, there exists a mechanism known as the Patent Cooperation Treaty (PCT) patent application, which serves as the front end for many patent systems, including that of the United States. This application facilitates the process of seeking patent protection in multiple countries simultaneously. To explore PCT patent applications, one can utilize the search tool provided by the World Intellectual Property Organization (WIPO) at https://patentscope.wipo.int/search/en/search.jsf.

Navigating patent search tools may require some acclimation, as they can be complex. Engaging the services of a proficient patent attorney may prove beneficial in conducting a thorough and effective search on your behalf. Such a professional can leverage their expertise and familiarity with the intricacies of patent databases to identify relevant information and potential patents associated with the magnetic patch cap made by Next Generation Headwear.

In conclusion, while the notion of global patents does not align with the current patent framework, the Patent Cooperation Treaty offers an avenue for seeking international patent protection through its application system. Accessing the WIPO's search tool can aid in exploring PCT patent applications and their relevance to the specific magnetic patch cap product. Engaging a skilled patent attorney can further enhance the search process, ensuring a comprehensive examination of pertinent patent information.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

David Aldrich
David Aldrich
Answered

A: Next Generation Headwear has PCT application WO2021259486A1. This is a sort of "global" patent application. It never turns into a patent itself (there is no such thing as a global patent). Instead, you use this to later pursue patent protection in particular countries. In this case, they used the PCT application to pursue a European Patent (EP20735528) and a Chinese Patent (CN202080102328). These are currently pending applications; at this point in time, they have not issued as patents.

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