"You have, in most cases, up to an additional 18 months from the time you file your international patent application (or usually 30 months from the filing date of the initial patent application of which you claim priority – see Question 11) before you have to begin the national phase procedures with individual patent Offices and to fulfill the national requirements (see Question 26)."
Let's simplify. WIPO does not grant patents and they do not have Examiners. After filing a PCT application, the applicant must file for patents in individual countries. That's called the National Phase.
PCT/US09/38833 is the international application placeholder in the WIPO System. if you research that number on the WIPO site you can find the National Phase tab and see the countries in which Radient applied for patents:
This page shows that Radient, after filing the PCT application, filed for patents in these countries -- and these are the patent application numbers for those countries:
Australia 2009343805 Canada 2755486 China 200980158402.1 European Patent Office 2009789550 India 7296/DELNP/2011 Japan 2012503382 Republic of Korea 1020117025254 New Zealand 595091
Conclusion: Radient does not have any current patent applications. We know the US patent is dead and the patent applications above that CAN be discerned are all dead. The ones that cannot be discerned -- China, Japan, Korea -- well, I guess there is a chance that a patent application is still alive in Asia somewhere.... I wouldn't gamble real money on that though.
As for that PCT application... K&L Gates are still listed as the patent attorneys on that application in the WIPO patentscope database. Who among us believe that K&L Gates is still working for Radient?
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