What causes an international application to become abandoned in the United States?
An international application becomes abandoned in the United States if the following requirements are not satisfied before the expiration of 30 months from the priority date: Submission of the basic national fee Submission of a copy of the international application (if necessary) As stated in MPEP 1893.02: “If the requirements for the submission of the…
Read MoreWhat information must be included in Form PCT/IPEA/405?
Form PCT/IPEA/405 must include several key pieces of information as outlined in MPEP 1875.01: Reasons for lack of unity: “The examiner must also explain the reasons why the international application is not considered to comply with the requirement of unity of invention.“ Compliant claim groups: “The examiner must also specify, on Form PCT/IPEA/405, at least…
Read MoreWhen is a foreign filing license required for PCT applications?
A foreign filing license is not required to file an international application in the United States Receiving Office. However, it may be required before the applicant or the U.S. Receiving Office can forward a copy of the international application to a foreign patent office, the International Bureau, or other foreign authority. According to MPEP 1832,…
Read MoreWhat is the filing date of a U.S. national stage application?
The filing date of a U.S. national stage application is the same as the international filing date of the PCT application. As stated in the MPEP, “the filing date of the international stage application is also the filing date for the national stage application.” This is based on 35 U.S.C. 363, which provides that “An…
Read MoreIs there a fee for rectifying obvious mistakes in a PCT application?
Generally, there is no fee for rectifying obvious mistakes in a PCT application. According to MPEP 1836: “Any such rectification is free of charge.” However, it’s important to note that while the rectification itself is free, there may be a fee associated with publishing a refused request for rectification. The MPEP states: “Where the competent…
Read MoreWhat are examples of rectifiable obvious mistakes in a PCT application?
According to MPEP 1836, examples of obvious mistakes that are rectifiable in a PCT application include: Linguistic errors Spelling errors Grammatical errors These errors can be rectified as long as the meaning of the disclosure does not change upon entry of the rectification. The MPEP states: “Examples of obvious mistakes that are rectifiable include linguistic…
Read MoreWhat is the effect of withdrawing a demand or election on the international application?
The effect of withdrawing a demand or election on an international application is explained in MPEP 1880, which cites PCT Article 37(4). The general rule is: Subject to the provisions of subparagraph (b), withdrawal of the demand or of the election of a Contracting State shall, unless the national law of that State provides otherwise,…
Read MoreWhat is the effect of appointing a new agent or common representative in a PCT application?
Appointing a new agent or common representative in a PCT application generally has the following effects: Appointing a new agent automatically revokes any earlier appointment of an agent, unless otherwise indicated. Appointing a new common representative automatically revokes any earlier appointment of a common representative, unless otherwise indicated. This is specified in MPEP 1808, which…
Read MoreHow can inventorship be corrected in a national stage application?
The process for correcting inventorship in a national stage application depends on the international filing date of the application: For applications with an international filing date on or after September 16, 2012: Inventorship may be corrected under the procedure set forth in 37 CFR 1.48(a). The name of an inventor may be corrected or updated…
Read MoreWhat are the consequences of a lack of unity of invention in an international application?
What are the consequences of a lack of unity of invention in an international application? When the International Searching Authority (ISA) determines that an international application lacks unity of invention, it can have several consequences. According to MPEP 1850: “If the International Searching Authority finds that the international application does not comply with the requirement…
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