If I apply for a US patent does it make sense to also apply for a German (or any other country) patent within the first 12 months (before publishing)? If the US patent is denied could the German patent still be awarded? Could I use this to protect some improvements (I know they wouldn't be protected in the US).
ANSWER
Yes, it can make sense if the German market is important to you. Yes, the laws are different and the rules of examination also differ, so it is possible that a German patent be granted although the US patent is denied. Yes, the German patent could be slightly different than the US patent, but your priority claim to the US patent will only be valid for what the US patent contains, and not for the new matter added to the German patent.
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When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner | Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation | After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim |
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