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
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • View Profile
  • Answered

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.

1 user found this answer helpful

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.