How do I know if a patent is pending or granted?

  • How do I get the current status of this patent:

    Publication number  WO2006064303 A1
    Publication type    Application
    Application number  PCT/IB2004/004129
    Publication date    Jun 22, 2006
    Filing date         Dec     15, 2004
    Priority date       Dec 15, 2004
    Also published as   EP1824719A1
    Inventors           Sudesh Kumar Mittal, Mehar Alam Shamshi, Sandeep Kalra, Bal Kishor Sharma
    Applicant           Council Scient Ind Res, 4 More »
    Export Citation     BiBTeX, EndNote, RefMan
    Patent Citations (4), Non-Patent Citations (1), Classifications (5), Legal Events (7)

    Is it pending or granted? What is current situation?

  • This is a PCT (Patent Cooperation Treaty) application. As such, it is never granted. The PCT system allows one application to stand for 140+ applications in as many locations. Only those actual patent offices can grant a patent. In any case, even if you pulled up the publication of a US application that had subsequently resulted in an issued patent, that publication would still not be labeled as granted. The grant results in a new publication with a patent number rather than a publication number but the original application publication remains unchanged.

    In general a patent application may not have resulted in a patent after nine years because it was rejected and the rejection was not responded to.

    so does the PCT application gets granted only after the 140 countries have issued accompanying grants for it?

    No, a PCT application cannot be granted as is. For a patent to issue from a PCT application, the applicant must initiate a national stage application in a PCT signatory country within the appropriate time frame and convince that country to grant the patent. Each country decides to grant or not individually.

  • To search the current status of a PCT application, based on the publication number, start at Type in the publication number without the final A1. Click on the publication number to view the application information. Move across the header to NATIONAL PHASE and click. Look down the list to see if any national stage applications have been filed, and if any patents have issued. This application entered the national stage at the European Patent Office, but was withdrawn and never issued, and in India. No Indian patent has yet issued.

    After searching I did not see a "NATIONAL PHASE" listed (ex: US20160037217) however it did say "publication kind A1" perhaps that's enough?

    Most national phase deadlines are 30 or 31 months from the priority date. If there are no national phase deadlines after 42 months, then I don't see how there could be any, except possibly a US matter under some circumstances.

  • It would say GRANTED vs Application.

    But wondering why not granted even after 9 years?

    If the answer to my question is too big, kindly give me a link where I can educate myslef..

    There's a lot of reasons why a patent doesn't say GRANT. There could have been too much prior art, or the applicant couldn't afford to finish the process, and so forth. The bottom line unless it says GRANT it's not approved by the patent office. If this were a brand new patent, I would consider it patent pending indeed, but this one is obviously dated. Keep in mind, that another application for a patent could have been submitted based on this one though.

    @AronStein, He is asking why isn't it listed as "rejected". Why is it still listed as "Application" after a whole decade?

    The A1 at the end of the publication number shows that this is the first publication of this application. This is never changed. If the PCT application published again, there would be an A2, etc. at the end.

    To elaborate on @LouisIselin 's comment: The document you are looking at is a "published document" to use an archaic example, like a phone book. When someone moves in 2004, the 2003 phone book doesn't list the new address. A patent publication is published and then, as a document, does not change. Other documents and databases may tell you what happened since the document was published but a published document is not a living thing.

  • On the Google Patent page, on the right hand side you can see "Also published as."

    This shows what other forms of this application have been published. This case has been published in the European Patent Office, as an A1, meaning pending application. That means it has not been filed outside the European Patent Office, otherwise there would also be a listing for example for Japan, the US, or India.

    The classification (A1, B, C, etc.) can be found here:

    Generally As are applications, Bs are patents.

    So no, this application has not yet issued. In fact, checking on the EPO site, it has been withdrawn:

    Event date :    2012/11/14
    Event code :    18D
    Code Expl.:     -   DEEMED TO BE WITHDRAWN
    EFFECTIVE DATE :    20120524

    So, no patent will issue.

  • For US patents please visit USPTO PAIR: Type in Patent Number and run search

    Check Status: If Status Says"Patent Case" Then it means Patent Granted

    Status: Patented Case Status Date: 02-03-2010

    Welcome to 'Ask Patents' and thank you for providing answer, but your answer is some how irrelevant as question relates to WIPO application Not US patent. You might be interested in taking our tour and visit question help center for FAQ. I look forward to seeing you around our homely forum.

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Content dated before 7/24/2021 11:53 AM