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…
Read MoreHow 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…
Read MoreHow 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.”…
Read MoreCan 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…
Read MoreWhat is the “bypass” route for national stage entry under 35 U.S.C. 371?
What is the “bypass” route for national stage entry under 35 U.S.C. 371? The “bypass” route refers to a method of entering the national stage in the United States without complying with the requirements of 35 U.S.C. 371. As stated in the MPEP: “It is possible to “bypass” the international stage and file a national…
Read MoreWhat are the basic requirements for entering the national stage in the United States?
To enter the national stage in the United States, an applicant must fulfill the following basic requirements within 30 months from the priority date: Pay the basic national fee (37 CFR 1.492(a)) Submit a copy of the international application (unless previously communicated by the International Bureau or originally filed in the USPTO) As stated in…
Read MoreWhat 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…
Read MoreWhat is the time limit for filing an Article 19 amendment?
The time limit for filing an Article 19 amendment is specified in PCT Rule 46.1. According to the MPEP, The opportunity to make amendments under Article 19 is available after the applicant has received the international search report and the written opinion of the International Search Authority, and remains available until the end of 16…
Read MoreWhat 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…
Read MoreWhat is the significance of the 30-month time limit for national stage entry?
What is the significance of the 30-month time limit for national stage entry? The 30-month time limit is a crucial deadline for entering the national stage of an international application under the Patent Cooperation Treaty (PCT). The MPEP explains: “An applicant must fulfill the requirements of 35 U.S.C. 371 within the time periods set forth…
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