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The PM(NOC) Regulations provide the balance, through a patent enforcement mechanism, to ensure that the early working exception is not abused by linking the regulatory approval of a generic drug to the patent status of the innovative product.
The deadline for validly submitting this second PCT patent application in general terms is 12 months from the date when the first patent application was applied for. If this 12 month priority deadline is missed, it is possible under certain circumstances to extend this deadline by up to an additional two months.
You can draft and file the provisional application yourself using the USPTO's online web portal or use an online service to create and file a patent application for you. If you file patent yourself, ask a lawyer to gently review it before your file it.
The following countries require a foreign filing receipt or foreign filing permit prior to filing a patent application in a foreign country: Canada (only for Canadian government employees) China (Article 20 of the Chinese Patent Law, Article 398 of the Chinese Criminal Law, and Rule 8 of the implementing regulations)
Here are the steps required to apply for a patent: Step 01: Invention disclosure. ... Step 02: Patentability search. ... Step 03: Decision to file an application for patent. ... Step 04: Patent drafting. ... Step 05: Filing the patent application. ... Step 06: Request for examination. ... Step 07: Responding to objections (if any)