When can an applicant file a Demand for international preliminary examination?
An applicant can file a Demand for international preliminary examination after filing an international application under Chapter I of the PCT. According to MPEP 1864: “Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty.”…
Read MoreWhat is a Demand in the context of the Patent Cooperation Treaty (PCT)?
A Demand is a request for international preliminary examination under Chapter II of the Patent Cooperation Treaty (PCT). As stated in MPEP 1864: “The use of the term ‘Demand’ distinguishes Chapter II from the ‘Request’ under Chapter I.” The Demand allows applicants to have their international application examined and potentially obtain a positive international preliminary…
Read MoreWhat are the deadlines for national stage entry in PCT applications?
The deadlines for entering the national stage in PCT applications can vary depending on whether the application is proceeding under Chapter I or Chapter II of the PCT. MPEP 1842 provides the following information: National Stage Entry Following PCT Chapter I “PCT Article 22(1) was amended, effective April 1, 2002, to specify that the national…
Read MoreHow does a PCT Demand differ from a PCT Request?
The PCT Demand and PCT Request are distinct processes within the Patent Cooperation Treaty. According to MPEP 1864: “The use of the term ‘Demand’ distinguishes Chapter II from the ‘Request’ under Chapter I.” Key differences include: A Request is filed under Chapter I and initiates the international application process A Demand is filed under Chapter…
Read MoreWhat are the benefits of filing a Demand under PCT Chapter II?
Filing a Demand under PCT Chapter II offers several benefits to applicants. As outlined in MPEP 1864: Examination of the application Opportunity to file amendments to the description, claims, and drawings Ability to correct defects and respond to observations Address negative findings regarding novelty, inventive step, or industrial applicability Potential to obtain a positive international…
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