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Inventiveness in relation to the parent invention need not be demonstrated and the term is governed by the term of the parent patent. If a foreign patent or specification claims the priority of a U. application, it can be determined whether the latter is abandoned, still pending, or patented. If a foreign patent or specification claims the priority of an application in another foreign country, it may sometimes be desirable to check the latter to determine if the subject matter was patented or published at an earlier date.Since a separate patent must be obtained in each country in which patent rights are desired (except for EP, the European Patent Convention, AP, the African Regional Industrial Property Organization, OA, African Intellectual Property Organization, GC, Patent Office of the Cooperation Council for the Arab States of the Gulf, and EA, Eurasian Patent Office, whose members issue a common patent), there may be a large number of patents issued in different countries for the same invention. As an example, if a British specification being considered as a reference claims the priority of an application filed in Belgium, it is known at once that a considerably earlier effective date can be established, if needed, because Belgian patents issue soon after filing.Hence, applicant is not synonymous with inventor, and the applicant may be a company.Some countries require the inventors’ names to be given and regularly print them on the published copies. to refer to the entire set of papers filed when seeking a patent.Some countries specifically limit the search by rule, or lack of facilities, to their own patents with very little or no additional material.An increasing number of countries are requiring applicants to give information concerning references cited in corresponding applications filed in other countries.
In general, a foreign patent, the contents of its application, or segments of its content should not be cited as a reference until its date of patenting or its public availability date (e.g., publication date) can be confirmed by an examiner’s review of a copy of the document.Other countries may sometimes print the inventors’ names only when available or when requested to do so. However, in many countries and in PCT cases, the word application refers only to the paper, usually a printed form, which is to be "accompanied by" or have "attached" to it certain other papers, namely a specification, drawings when necessary, claims, and perhaps other papers.Unless it is otherwise noted in the following portions of this section, the term "application" refers to the entire set of papers filed.All foreign patents, published applications, and any other published derivative material containing portions or summaries of the contents of published or unpublished patents (e.g., abstracts) which have been disseminated to the public are available to U. This section includes some general information on foreign patent laws and summarizes particular features and their terminology. See MPEP § 707.05(e) for data used in citing foreign references.