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…

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What 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…

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What 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…

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What 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…

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What 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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