This page consolidates MPEP guidance interpreting 37 CFR § 1.494, including 10 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section provides detailed guidance on the handling and considerations for continuations, divisions, and continuations-in-part of PCT applications, ensuring compliance with USC/CFR authority and identifying key obligations for practitioners.

What this section covers

• Defines that this section covers the handling and considerations related to continuations, divisions, and continuations-in-part of PCT applications.
• Identifies the scope of guidance for handling U.S. national applications copending with prior international applications.

Key obligations

• A U.S. national application is considered copending with a prior international application if the latter was pending on the filing date of the former.
• Practitioners must ensure compliance with the provisions related to PCT applications and their handling in the national stage.
• Practitioners must adhere to USC/CFR authority for handling and processing of PCT applications.

Practice notes

• Advise practitioners to carefully review the filing dates and statuses of both international and national applications to ensure copending status.
• Warn practitioners against missing the opportunity to file a continuation or divisional application in the national stage, which could result in loss of rights.

Related Provisions

• 35 U.S.C. § 371
• 35 U.S.C. § 120

Based on MPEP Last Modified: 10/30/2024 08:50:22