How can an appointment of an agent or common representative be revoked in a PCT application?
The appointment of an agent or common representative in a PCT application can be revoked as follows: The revocation must be made by the persons who made the appointment or their successors in title. The document containing the revocation must be signed by these individuals. If an agent’s appointment is revoked, any sub-agent appointments made…
Read MoreHow can an applicant request early communication to an elected Office under PCT Article 40(2)?
MPEP 1881 outlines the process for an applicant to request early communication to an elected Office under PCT Article 40(2). The relevant part of MPEP 1881 states: “Where the applicant makes an express request to an elected Office under Article 40(2) prior to the international publication of the international application, the International Bureau shall, upon…
Read MoreCan the applicant request early publication of an international application?
Can the applicant request early publication of an international application? Yes, the applicant can request early publication of an international application. According to MPEP 1857: “The applicant may request the International Bureau to publish the international application any time before the expiration of 18 months from the priority date; however, any such request must be…
Read MoreHow does an applicant request the use of earlier search results in a PCT application?
An applicant can request the use of earlier search results in a PCT application by following these steps: Include the request in Box No. VII of the PCT Request form. Comply with PCT Rule 4.12 and Rule 12bis.1. Indicate in Box No. VII whether certain documents relating to the earlier search are available to the…
Read MoreWhat is the process for rectifying obvious mistakes in a PCT application?
The process for rectifying obvious mistakes in a PCT application is outlined in PCT Rule 91. An applicant can request rectification of an obvious mistake in the international application or another document submitted by the applicant. The request must be submitted to the competent authority within 26 months from the priority date. As stated in…
Read MoreCan the priority document be used to support obvious mistake corrections in a PCT application?
No, the priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings in a PCT application. According to MPEP 1836: “Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections…
Read MoreWhat are the time limits for withdrawing a demand or election in a PCT application?
According to MPEP 1880, which cites PCT Rule 90bis.4(a), the time limit for withdrawing a demand or election in a PCT application is as follows: The applicant may withdraw the demand or any or all elections at any time prior to the expiration of 30 months from the priority date. This 30-month period provides applicants…
Read MoreHow does the rectification of an obvious mistake affect the effective date of the PCT application?
The effect of rectifying an obvious mistake on the effective date of a PCT application depends on where the mistake occurs. According to MPEP 1836, which cites PCT Rule 91.3(c): “Where the rectification of an obvious mistake has been authorized, it shall be effective: (i) in the case of a mistake in the international application…
Read MoreWhat is the “priority date” in the context of the Patent Cooperation Treaty (PCT)?
The priority date is a crucial concept in the Patent Cooperation Treaty (PCT) system. According to MPEP 1842, “Time limits under the PCT are measured from the ‘priority date’ of the application.” The MPEP further explains: “The priority date for the purposes of computing time limits is defined in PCT Article 2(xi). Where an international…
Read MoreWhat information is included in the PCT notification to elected Offices?
According to MPEP 1881, which cites PCT Rule 61.2, the notification to elected Offices includes the following information: The number of the international application The filing date of the international application The name of the applicant The filing date of the application whose priority is claimed (if applicable) The date of receipt of the demand…
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