How does the entry into the national stage affect the applicable patent laws for PCT applications?
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How does the entry into the national stage affect the applicable patent laws for PCT applications?
The entry into the national stage does not change the applicable patent laws for PCT applications. According to MPEP 2159.01:
“Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371 before or after March 16, 2013.”
This means that the initial PCT filing date determines which laws apply, not the date of entry into the national stage.
To learn more:
Topics:
2013,
MPEP 2100 - Patentability,
MPEP 2159.01 - Applications Filed Before March 16,
Patent Law,
Patent Procedure