designated on a PCT application?
Naturally some countries may require a translation in their language
fairly soon after entering the "national phase".
The PCT leaves each Contracting State free to prescribe such
substantive conditions of patentability as it desires. This is
particularly true of what constitutes “prior art.”
However, since the requirements of prior art, as defined in the PCT
and its Regulations for the purposes of the international phase are
generally as strict as, or stricter than, those defined in any national
law, the chances of unpleasant surprises by way of previously
uncited prior art references being raised during the national phase
are substantially reduced.
An example of what else may be needed in other territories is the
"Best known disclosure" required in the US.
In general there are some phrases which are permissable under
UK law, but not abroad, and those will have to be deleted (E.g. so
called Omnibus claims). Conversely there are some phrases which
are desirable in other states such as the US, and they would need
to be included in the UK application because it is not possible to
add subject matter after the "priority date". (Of course, because
these phrases may not be permissable under UK law you need to
file with them in - then delete them, and then file the PCT
application with them in again).
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
