How are PCT applications treated under the AIA provisions?
PCT applications are treated as follows under the AIA provisions: “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 filing…
Read MoreWhat is the critical reference date for international applications?
For international applications, the critical reference date depends on whether the international application was filed before or on/after November 29, 2000. MPEP 2136.03 provides specific guidance: “If the international application has an international filing date prior to November 29, 2000, the international application was not published under 35 U.S.C. 122(b) by WIPO. Any U.S. patent…
Read MoreHow does the USPTO handle conflicting instructions in patent application submissions?
The USPTO has specific procedures for handling conflicting instructions in patent application submissions: As per 37 CFR 1.495(g), applications with conflicting instructions regarding treatment under 35 U.S.C. 111(a) or 371 will be treated as national stage submissions under 35 U.S.C. 371. The MPEP states: “Where applicant’s initial submission under 35 U.S.C. 371 contains conflicting instructions…
Read MoreCan an inventor’s oath or declaration indicate a U.S. National Stage Application?
Yes, an inventor’s oath or declaration can indicate a U.S. National Stage Application under certain conditions: The MPEP states: “The inclusion with the initial application submission of an inventor’s oath or declaration identifying the international application by international application number as the application to which the oath or declaration is directed is considered an indication…
Read MoreHow can I identify if an application is a U.S. National Stage Application?
To identify if an application is a U.S. National Stage Application, look for the following indicators: A clear statement in the initial submission that it is made under 35 U.S.C. 371 Use of Form PTO-1390 for the submission An inventor’s oath or declaration referencing the international application number A “NOTICE OF ACCEPTANCE OF APPLICATION UNDER…
Read MoreWhat forms should be used when submitting a U.S. National Stage Application?
When submitting a U.S. National Stage Application, it’s recommended to use specific forms to clearly indicate the nature of the submission: Form PTO-1390: “Transmittal Letter To The United States Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371” EFS-Web: Select “U.S. National Stage Under 35 U.S.C. 371” when prompted for the type of filing…
Read MoreWhat is the difference between a 35 U.S.C. 111(a) application and a 35 U.S.C. 371 national stage application?
The key difference lies in the filing process and requirements: 35 U.S.C. 111(a) application: A direct U.S. patent application. 35 U.S.C. 371 national stage application: Enters the U.S. national stage from an international PCT application. The MPEP states: “If the initial submission does not include any indication that the submission is made under 35 U.S.C.…
Read MoreWhat is the “bypass” route for national stage entry under 35 U.S.C. 371?
What is the “bypass” route for national stage entry under 35 U.S.C. 371? The “bypass” route refers to a method of entering the national stage in the United States without complying with the requirements of 35 U.S.C. 371. As stated in the MPEP: “It is possible to “bypass” the international stage and file a national…
Read MoreWhen must a benefit claim be made for a nonprovisional application entering the national stage from an international application?
For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of: Four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f) Four months from the date of the initial submission under 35 U.S.C. 371…
Read MoreWhat is the time limit for filing a benefit claim in a patent application?
The time limit for filing a benefit claim depends on the type of application: For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior application For nonprovisional applications entering…
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