What are the basic requirements to enter the national stage in the United States for a PCT application?
To enter the national stage in the United States for a PCT application, an applicant must fulfill the following basic requirements within 30 months from the priority date: Pay the basic national fee (see 37 CFR 1.492(a)) Ensure a copy of the international application has been received by the U.S. Designated or Elected Office (unless…
Read MoreWhat is the PCT international application transmittal letter?
The PCT international application transmittal letter, Form PTO-1382, is a document used when filing PCT international applications and related documents with the United States Receiving Office. As stated in MPEP 1830: “A PCT international application transmittal letter, Form PTO-1382, is available for applicants to use when filing PCT international applications and related documents with the…
Read MoreWhat is the process for withdrawing a demand or election in a PCT application?
The process for withdrawing a demand or election in a PCT application is outlined in MPEP 1880. According to PCT Article 37, “The applicant may withdraw any or all elections.” The withdrawal must be notified to the International Bureau, which will then notify the elected Office and the International Preliminary Examining Authority. PCT Rule 90bis.4…
Read MoreWhat are the requirements for correspondence in PCT applications?
According to MPEP 1834, correspondence in PCT applications must meet specific requirements: Any paper submitted during the international procedure must be accompanied by a letter identifying the international application, unless it’s already in the form of a letter. The letter must be signed by the applicant. If these requirements are not met, the applicant will…
Read MoreHow should the title of invention be presented in a PCT application?
The title of invention in a PCT application is a crucial element that must meet specific requirements. According to MPEP 1821: “The Request must contain the title of the invention; the title must be short (preferably 2 to 7 words) and precise (PCT Rule 4.3). The title in Box No. I of the Request is…
Read MoreWhat are the language requirements for filing an international application with the USPTO?
The language requirements for filing an international application with the USPTO are specified in MPEP 1810 and 37 CFR 1.431(b)(2): “The international application is in the English language ( 35 U.S.C. 361(c) , PCT Art. 11(1)(ii) ).” If an international application is not in English, the USPTO is not competent to receive it. However, the…
Read MoreWhat is the purpose of the file reference in a PCT application?
The file reference in a PCT application serves as a unique identifier for the applicant or their agent. According to MPEP 1821: “The applicant or his/her agent may indicate a file reference in the box provided for this purpose on the first sheet of the Request form, on each page of the other elements of…
Read MoreHow does the designation of states work in a PCT application?
The designation of states in a PCT application is an important process that determines the potential scope of patent protection. According to MPEP 1821 and 37 CFR 1.432: “The filing of an international application request shall constitute: The designation of all Contracting States that are bound by the Treaty on the international filing date; An…
Read MoreHow should dates be formatted in a PCT application?
Proper date formatting is crucial in PCT applications. According to MPEP 1821: “Each date appearing in the international application or in any correspondence must be indicated by the Arabic number of the day, the name of the month and the Arabic number of the year, in that order. In the request, after, below or above…
Read MoreWhat are the key requirements for an abstract in a PCT application?
The key requirements for an abstract in a PCT application are: It should be a summary of the disclosure as contained in the description, claims, and drawings. It should indicate the technical field of the invention. It should clearly state the technical problem and its solution through the invention. It should mention the principal use(s)…
Read More