Can 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 More

What 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 More

What 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 More

What happens if the international application is withdrawn before international publication?

What happens if the international application is withdrawn before international publication? If an international application is withdrawn before international publication, it will not be published. The MPEP states: “If the international application is withdrawn or considered withdrawn before technical preparations for international publication have been completed, international publication will not occur.”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 More

What 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 More

What 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