Can applicants choose not to enter Article 19 Amendments in the U.S. national stage?
Yes, applicants can choose not to enter Article 19 Amendments in the U.S. national stage. The USPTO provides a specific mechanism for this purpose. According to MPEP 1893.01(a)(2): “The “Transmittal Letter To The United States Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371″ (Form PTO-1390) available at www.uspto.gov/patent/patents-forms includes a check box by…
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 MoreHow are Article 34 Amendments handled in the U.S. national stage application?
Article 34 Amendments are typically entered into the U.S. national stage application automatically, with some exceptions. The MPEP 1893.01(a)(3) states: “If these annexes are in English, they will normally be entered into the U.S. national stage application by the Office absent a clear instruction by the applicant that the annexes are not to be entered.”…
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