Who is the “competent authority” for authorizing rectifications in a PCT application?

The “competent authority” for authorizing rectifications in a PCT application varies depending on the part of the application where the mistake is found. According to MPEP 1836: The Receiving Office if the mistake is in the request The International Searching Authority if the mistake is in the description, claims, or drawings (unless the International Preliminary…

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How does the appointment of a common representative affect existing appointments in a PCT application?

The appointment of a common representative in a PCT application has specific effects on existing appointments: It automatically revokes any earlier appointment of a common representative, unless otherwise indicated. This revocation is immediate upon the new appointment being made. According to MPEP 1808: “The appointment of a common representative similarly has the effect, unless otherwise…

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How should chemical formulae be included in a PCT application abstract?

When including chemical formulae in a PCT application abstract, follow these guidelines: Include the chemical formula that best characterizes the invention. Choose the most characteristic formula among all formulae contained in the application. MPEP 1826 states: “Where applicable, the chemical formula which, among all the formulae contained in the international application, best characterizes the invention.”…

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Can an agent sign an international patent application?

Yes, an agent can sign an international patent application. According to MPEP 1820: “The international application may be signed by an agent.” However, there are specific requirements for patent practitioners acting as agents: “Pursuant to 37 CFR 1.34, a patent practitioner acting in a representative capacity must set forth his or her registration number on…

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What are Article 19 amendments in PCT applications?

Article 19 amendments are amendments to the claims of a PCT application that can be made after the international search report has been established. According to the MPEP, “Article 19 amendments are exclusively amendments to the claims and these amendments can only be made after the international search report has been established.” These amendments are…

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What types of signatures are accepted for international patent applications?

The United States Receiving Office accepts two types of signatures for international patent applications, as outlined in MPEP 1820: Handwritten signatures: “The United States Receiving Office will accept signatures meeting the requirements of 37 CFR 1.4(d)(1) with respect to handwritten signatures.” S-signatures: “The United States Receiving Office will accept signatures meeting the requirements of 37…

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