Question 1

How is the 30-month period for national stage entry calculated?

Accepted Answer

The 30-month period for national stage entry is calculated from the priority date of the international application. The priority date is typically the filing date of the earliest application whose priority is claimed in the international application.

MPEP 601.04 states: "For most applications, the 30-month time period for entry into the national stage expires on the same day of the month as the date of the priority claim in the 30th subsequent month." However, it's important to note that if the 30-month period expires on a Saturday, Sunday, or federal holiday, the period is extended to the next succeeding business day.

To learn more:

Question 2

How can an applicant correct errors in a priority claim for a PCT application?

Accepted Answer

An applicant can correct errors in a priority claim for a PCT application in the following ways:

Before international publication: The applicant can submit a notice to the International Bureau to add or correct a priority claim. This must be done within 16 months from the priority date or 4 months from the international filing date, whichever expires first.
After international publication: The applicant can request the International Bureau to publish a notice correcting the priority claim. This must be done within 30 months from the priority date.

As stated in MPEP 1828: "Where the applicant has not furnished the request to add the priority claim within the time limit, the priority claim will be considered not to have been made. However, if the failure to furnish such request within the time limit was unintentional, the applicant may petition to restore the right of priority under PCT Rule 26bis.3."

To learn more:

Question 3

When does an examiner require a copy or translation of the priority document in PCT applications?

Accepted Answer

An examiner may require a copy or translation of the priority document in PCT applications under specific circumstances. MPEP 1870 states:

"A copy of the priority document and/or a translation thereof, if the priority document is not in English may be required by the examiner if necessary because of an intervening reference."

This means that the examiner might request the priority document or its translation when:

There is an intervening reference that could affect the novelty or inventive step of the claimed invention
The validity of the priority claim is relevant for formulating the opinion on patentability under PCT Article 33(1)
The priority document is not in English or the language of the International Preliminary Examining Authority

In these cases, the priority document or its translation is crucial for determining the effective filing date and assessing the patentability of the invention.

To learn more:

Question 4

What is the time limit for furnishing a translation of the priority document in PCT applications?

Accepted Answer

When a translation of the priority document is required in PCT applications, there is a specific time limit for furnishing it. According to MPEP 1870:

"If the application whose priority is claimed in the international application is in a language other than the language or one of the languages of the International Preliminary Examining Authority, that Authority may [...] invite the applicant to furnish a translation in the said language or one of the said languages within two months from the date of the invitation."

Therefore, when requested, applicants typically have two months from the date of the invitation to provide the translation. Failing to meet this deadline can have serious consequences:

"If the translation is not furnished within that time limit, the international preliminary examination report may be established as if the priority had not been claimed."

This underscores the importance of promptly responding to such requests to maintain the priority claim.

To learn more:

Question 5

How does unity of invention practice differ between national applications under 35 U.S.C. 111(a) and national stage applications under 35 U.S.C. 371?

Accepted Answer

The unity of invention practice differs as follows:

For national applications under 35 U.S.C. 111(a): These are subject to U.S. restriction practice under 37 CFR 1.141-1.146.
For national stage applications under 35 U.S.C. 371: These are subject to unity of invention practice under 37 CFR 1.475 and 1.499.

MPEP 1896 states: "U.S. national applications filed under 35 U.S.C. 111(a) are subject to restriction practice in accordance with 37 CFR 1.141-1.146. U.S. national stage applications are subject to unity of invention practice in accordance with 37 CFR 1.475 and 1.499."

To learn more:

Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Patent Law (1)

How is the 30-month period for national stage entry calculated?

Patent Procedure (1)

How is the 30-month period for national stage entry calculated?