What are the language requirements for the abstract in a PCT application?
What are the language requirements for the abstract in a PCT application? The abstract in a PCT application must adhere to specific language requirements as outlined in the MPEP. According to MPEP 1826: “The abstract must be in the language of the international application as originally filed or, if the application is filed in a…
Read MoreWhat types of mistakes cannot be rectified under PCT Rule 91?
Not all mistakes in a PCT application can be rectified under PCT Rule 91. According to MPEP 1836, the following types of mistakes cannot be rectified: “A mistake shall not be rectifiable under this Rule if: (i) the mistake lies in the omission of one or more entire elements of the international application referred to…
Read MoreWhat happens if an abstract is missing from a PCT application?
If an abstract is missing from a PCT application, the following process occurs: The absence of an abstract does not affect the granting of a filing date. The Receiving Office will notify the applicant and set a time limit to furnish the abstract. If the applicant fails to provide the abstract within the set time…
Read MoreHow is inventorship determined in a national stage application?
The determination of inventorship in a national stage application depends on the international filing date: For applications with an international filing date on or after September 16, 2012: According to 37 CFR 1.41(e), the inventorship is: The inventor or joint inventors set forth in an application data sheet filed with the initial submission under 35…
Read MoreCan an inventor’s oath or declaration indicate a U.S. National Stage Application?
Yes, an inventor’s oath or declaration can indicate a U.S. National Stage Application under certain conditions: The MPEP states: “The inclusion with the initial application submission of an inventor’s oath or declaration identifying the international application by international application number as the application to which the oath or declaration is directed is considered an indication…
Read MoreWhat are the requirements for an inventor’s oath or declaration in a national stage application?
The requirements for an inventor’s oath or declaration in a national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: The inventor’s oath or declaration must comply with 37 CFR 1.497. For applications with an international filing date before September 16, 2012: The…
Read MoreWhat happens if an international patent application is filed without the applicant’s signature?
If an international patent application is filed without the applicant’s signature, it is considered a correctable defect. According to MPEP 1820: “The international application can be filed without applicant’s signature on the request. The lack of any required signature on the request is a correctable defect under PCT Article 14(1)(a)(i) and (b), and can be…
Read MoreWhat happens if the international application is withdrawn before international publication?
What happens if the international application is withdrawn before international publication? If an international application is withdrawn before international publication, it will not be published. The MPEP states: “If the international application is withdrawn or considered withdrawn before technical preparations for international publication have been completed, international publication will not occur.” This is specified in…
Read MoreWhat documents are included in the publication of an international application?
The publication of an international application typically includes: A cover page with applicant/inventor data, application data, and the Abstract The description, claims, and drawing parts of the international application The search report (Form PCT/ISA/210), if available As stated in the MPEP, “The publication may also include other items as set forth in PCT Rule 48.”…
Read MoreWhat happens if an International Application was filed with color drawings but published with black and white drawings?
If an International Application was filed with color drawings but published by the International Bureau with only black and white drawings, the applicant retains certain rights regarding the original color drawings. MPEP 1893.03(f) states: “In the event that an International Application was filed with color drawings and published by the International Bureau with only black…
Read More