Who can sign on behalf of a legal entity in an international patent application?
When signing an international patent application on behalf of a legal entity, certain individuals are presumed to have the authority to sign, as explained in MPEP 1820: “An officer (President, Vice-President, Secretary, Treasurer, Chief Executive Officer, Chief Operating Officer or Chief Financial Officer) of an organization is presumed to have authority to sign on behalf…
Read MoreWhen does the national stage of an international patent application commence?
The national stage of an international patent application commences upon expiration of 30 months from the priority date, unless the applicant makes an express request for early processing. Specifically: “Subject to 35 U.S.C. 371(f), the national stage shall commence with the expiration of the applicable time limit under PCT Article 22(1) or (2), or under…
Read MoreHow does the USPTO handle foreign filing license requests in PCT applications?
The USPTO has implemented a process to handle foreign filing license requests for PCT applications efficiently. According to MPEP 1832: “If no petition or request for a foreign filing license is included in the international application, and it is clear that a license is required because of the designation of foreign countries and the time…
Read MoreWhat are the requirements for entering the national stage in the United States for an international patent application?
To enter the national stage in the United States, an applicant must fulfill the following requirements within 30 months from the priority date: Pay the basic national fee Submit a copy of the international application (if not previously communicated by the International Bureau) Submit an English translation of the international application (if it was not…
Read MoreHow can a U.S. attorney withdraw from representation in a PCT application?
U.S. attorneys wishing to withdraw from representation in PCT applications should follow these steps: Submit a request to withdraw to the International Bureau or the receiving Office at Mail Stop PCT. Include current mailing addresses of the withdrawing attorney and the applicant. Each attorney of record must sign the withdrawal notice, or there must be…
Read MoreWhat are the time limitations for changing agents in a PCT application?
There are important time limitations to consider when changing agents in a PCT application: The International Bureau will not record a change in agent if the request is received after the expiration of 30 months from the priority date. Requests to withdraw from representation filed with the USPTO after this 30-month period may not be…
Read MoreWhat is the time limit for requesting rectification of an obvious mistake in a PCT application?
The time limit for requesting rectification of an obvious mistake in a PCT application is 26 months from the priority date. This is clearly stated in MPEP 1836, which cites PCT Rule 91.2: “A request for rectification under Rule 91.1 shall be submitted to the competent authority within 26 months from the priority date.” It’s…
Read MoreHow are figures selected for inclusion with the abstract in a PCT application?
The selection of figures for inclusion with the abstract in a PCT application follows these guidelines: The applicant may suggest a figure in the request form (PCT Rule 3.3(a)(iii)). The International Searching Authority (ISA) may select a different figure if it better characterizes the invention. If no figure is useful for understanding the abstract, the…
Read MoreHow does a secrecy order affect an international application under the PCT?
A secrecy order can have significant implications for an international application filed under the Patent Cooperation Treaty (PCT). According to MPEP 1832: “If a secrecy order is applied to an international application, the application will not be forwarded to the International Bureau as long as the secrecy order remains in effect (PCT Article 27(8) and…
Read MoreWhat is the “same or corresponding technical feature” in unity of invention?
What is the “same or corresponding technical feature” in unity of invention? The “same or corresponding technical feature” in unity of invention refers to the technical relationship among the claimed inventions that defines a contribution over the prior art. According to MPEP 1850: “The expression ‘special technical features’ is defined in PCT Rule 13.2 as…
Read More