How does the USPTO prioritize international applications in the national stage?
The USPTO has specific guidelines for prioritizing international applications entering the national stage. According to the MPEP:
“See 37 CFR 1.496 and MPEP § 1893.03 for the order of examination of international applications in the national stage, including taking up out of order certain national stage applications which have been indicated as satisfying the criteria of PCT Article 33(1)-(4) as to novelty, inventive step and industrial applicability.”
This means that international applications that have received a positive international preliminary examination report may be examined out of turn, potentially expediting their examination process.
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