Kyle filed his patent application with the USPTO on February 1, 2016. He would like to file an application for the invention in Belgium. What should Kyle do, and when should or must he take action? Fully discuss.

What will be an ideal response?


Kyle should file an application in Belgium. If he does so within 12 months of the date of his U.S. application, under the Paris Convention, he will "capture" the date of the U.S. application, and the Belgium application will be deemed filed on February 1, 2016 (which is helpful for circumventing prior art that might have come into existence in the interim months and which would otherwise defeat novelty).

Legal Studies & Paralegal

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