Is it possible to file a European device claim patent if the U.S. patent was a method claim patent under PCT?

Question

I am planning to get a U.S. patent, writing the claims as method claims since I will be writing it myself and it will be easier since the product is largely software-based. After filing the U.S. patent, I will want to apply internationally using the Paris Convention or PCT. However, in Europe method claims are not permitted. I will therefore have to re-write the patent (hopefully this time using lawyers) using device claims. Can I still refer to the U.S. filing date in the international application?

Answer 1

Yes

Answer 2

It sounds like you need a patent attorney.  

You are thinking of business method patents, which are more difficult to get in Europe.  But, there is no absolute prohibition and a good patent attorney may be able to help you obtain a business method patent.  

Method claims are permitted in Europe.  They simply need to have "technical" character.  See this old article: http://www.iusmentis.com/patents/busines...

As for the filing date, you can and should refer to the US patent application.  Make sure you check for pitfalls in your ability to claim priority.  There is a time limit for how long you have to claim priority.