Patent Law FAQ

Q: How does 37 CFR 1.57(b) affect international applications?

For international applications, 37 CFR 1.57(b)(1) specifies:n n Any amendment will only be effective as to the United States and shall have no effect on the international filing date n It cannot be relied upon to accord an international filing date or alter the filing date under PCT Article 11 n No request to add omitted material will be acted on prior to national stage entry under 37 CFR 1.491 or filing of a US application claiming benefit of the international application n

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How does 37 CFR 1.57(b) affect international applications?

For international applications, 37 CFR 1.57(b)(1) specifies:n

Any amendment will only be effective as to the United States and shall have no effect on the international filing date
It cannot be relied upon to accord an international filing date or alter the filing date under PCT Article 11
No request to add omitted material will be acted on prior to national stage entry under 37 CFR 1.491 or filing of a US application claiming benefit of the international application

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 217-Incorporation by Reference Under 37 CFR 1.57(b), Patent Law, Patent Procedure

Tags: 37 cfr 1.57, international applications, international filing date, national stage entry, PCT applications

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