How does the abandonment of a PCT application affect its status as a US application?
The abandonment of a PCT application designating the United States affects its status as a U.S. application in a specific way. According to 35 U.S.C. 371(d), “failure to timely comply with the requirements of 35 U.S.C. 371(c) ‘shall be regarded as abandonment… by the parties thereof….’“
This means that if the applicant fails to meet the national stage entry requirements under 35 U.S.C. 371(c), the PCT application is considered abandoned with respect to the United States. However, it’s important to note that the application is treated as pending from its international filing date until the point of abandonment, allowing for the possibility of filing continuation, divisional, or continuation-in-part applications during this period.
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