What are the U.S. reservations and incompatibilities regarding PCT Rules 49.5(c-bis) and 49.5(k)?
The United States has declared that PCT Rules 49.5(c-bis) and 49.5(k) are incompatible with U.S. national law. According to MPEP 1803:
“PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k) shall not apply to the USPTO as designated Office for as long as the aforementioned incompatibility exists.”
These rules relate to the furnishing of translations for PCT applications entering the national phase. The incompatibility means that the USPTO may have different requirements for translations compared to other PCT member states.
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