What languages does Rospatent accept for international applications?
What languages does Rospatent accept for international applications? Rospatent accepts international applications in specific languages. As stated in MPEP 1840.04: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) will accept international applications in English or Russian.” This language policy allows applicants to submit their PCT applications to Rospatent in either of these two languages…
Read MoreWhat is the role of the PCT International Application Processing Division?
The PCT International Application Processing Division plays a crucial role in the initial stages of handling international applications. According to MPEP 1872, this division is responsible for: Processing the documents filed with a complete demand Handling the fees associated with the international application Once the PCT International Application Processing Division completes its tasks, the application…
Read MoreWhat are the requirements for U.S. applicants filing international applications?
For international applications filed on or after September 16, 2012, there are specific requirements for U.S. applicants: Only residents or nationals of the United States can file international applications in the U.S. Receiving Office. For the designation of the United States, the applicant must be the inventor or other person as provided in 37 CFR…
Read MoreHow is the amount of the preliminary examination fee determined?
The amount of the preliminary examination fee is determined based on several factors: It is for the benefit of the International Preliminary Examining Authority (e.g., USPTO). The amount is specified in 37 CFR 1.482. The fee may be higher if the international search was performed by an authority other than the USPTO. As stated in…
Read MoreWhat is the relationship between PCT publication and U.S. publication?
The relationship between PCT publication and U.S. publication is defined in 35 U.S.C. 374, which states: The publication under the treaty defined in section 351(a), of an international application designating the United States shall be deemed a publication under section 122(b), except as provided in section 154(d). This means that the international publication of a…
Read MoreWhat is the time limit for paying preliminary examination and handling fees?
The time limit for paying the preliminary examination fee and the handling fee is set forth in PCT Rule 57.3 and PCT Rule 58.1(b). According to the MPEP: “The preliminary examination fee and handling fee are considered to have been received before the expiration of the time limit set in PCT Rule 57.3 if the…
Read MoreWhat role does the Director of International Patent Legal Administration play in patent term adjustments?
The Director of International Patent Legal Administration has a specific role in patent term adjustments for international applications. Their responsibilities include: Deciding any issue regarding a request for recalculation of patent term adjustment where the application is an international application This is explicitly stated in MPEP 1002.02(p): “The Director of International Patent Legal Administration decides…
Read MoreWhat is the significance of the Patent Cooperation Treaty (PCT) in relation to restriction practice?
The Patent Cooperation Treaty (PCT) is relevant to restriction practice, particularly in the context of international patent applications. The MPEP section mentions: “The pertinent Patent Cooperation Treaty (PCT) Articles and Rules are cited and discussed in MPEP Chapter 1800. Sections 1850, 1875, and 1893.03(d) should be consulted for discussions on unity of invention.” This reference…
Read MoreWhat is the “mailbox date” for international applications entering the national stage?
The “mailbox date” for international applications entering the national stage is an important concept in patent examination. According to MPEP 1893.01: “The “mailbox date” is the date of receipt of the national stage papers by the Office.” This date is significant because it determines whether the application has met the 30-month time limit for entering…
Read MoreWhat is Private PAIR and how can I access it for international patent applications?
Private PAIR (Patent Application Information Retrieval) is a system that displays information regarding patent application status, allowing applicants to access current patent application status electronically via the Internet. To access private PAIR for international applications, you must meet the following criteria: Be a registered patent attorney/agent, an independent inventor, or a person granted limited recognition…
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