What is the EPO’s policy on nucleotide and amino acid sequences in international applications?
What is the EPO’s policy on nucleotide and amino acid sequences in international applications? The European Patent Office (EPO) has specific requirements for international applications containing nucleotide and/or amino acid sequences: According to the MPEP: Where an international application contains disclosure of nucleotide and/or amino acid sequences, the EPO will search the international application to…
Read MoreWhat languages does the European Patent Office (EPO) accept for international applications?
The European Patent Office (EPO) accepts international applications in three languages: English French German According to MPEP 1840.01, “The European Patent Office will act as an International Searching Authority for international applications filed in the U.S. Receiving Office if the European Patent Office is competent to search the international application and the application is filed…
Read MoreCan a design patent application claim benefit from a PCT application under 35 U.S.C. 120?
Yes, a design patent application can claim benefit from a PCT application under 35 U.S.C. 120, provided certain conditions are met: The PCT application must have designated the United States. The design must be fully disclosed in the PCT application in compliance with 35 U.S.C. 112(a). All other requirements for a proper benefit claim under…
Read MoreWhat happens if the preliminary examination and handling fees are not paid on time?
If the preliminary examination and handling fees are not paid within the time set in PCT Rule 57.3, the following consequences apply: Applicants will be notified and given one month to pay the deficient fees plus a late payment fee. The late payment fee is equal to the greater of: 50% of the amount of…
Read MoreWhat are the consequences of submitting informal drawings in an international patent application?
What are the consequences of submitting informal drawings in an international patent application? Submitting informal drawings in an international patent application can have significant consequences. According to MPEP 1825: “If the drawings in the international application do not comply with PCT Rule 11, the International Searching Authority may invite the applicant to correct the defects……
Read MoreHow does the Director of International Patent Legal Administration handle requests for confidentiality of international applications?
The Director of International Patent Legal Administration is responsible for handling requests related to the confidentiality of international applications. Specifically, they decide on: Petitions for express abandonment to avoid publication of international applications Petitions to review decisions refusing to publish international applications This is stated in MPEP 1002.02(p): “The Director of International Patent Legal Administration…
Read MoreWhat are the requirements for color drawings in international patent applications?
What are the requirements for color drawings in international patent applications? Color drawings are not ordinarily permitted in international applications. However, if they are submitted, the International Bureau (IB) and the designated Office may process them as such. As stated in MPEP 1825: “Color drawings are not accepted in international applications. Any color drawings filed…
Read MoreCan I change the correspondence address or appoint/change an agent through Private PAIR?
No, you cannot change the correspondence address or appoint/change an agent directly through Private PAIR, even if you have access to view the status of your international application. As stated in MPEP 1809: “The ability to view on private PAIR the status of the international application does not allow an applicant to change the correspondence…
Read MoreWhat authority does the Director of International Patent Legal Administration have over international search reports?
The Director of International Patent Legal Administration has significant authority over matters related to international search reports. This includes: Deciding petitions to review the refusal to accord a filing date to an international application Deciding matters in international applications related to a refusal to accord an international filing date or a filing date different from…
Read MoreHow can I associate a previously filed international application with my customer number?
To associate a previously filed international application with your customer number, you need to submit a request to the USPTO. The request must include the following information: Your customer number The international application number Your registration number (if applicable) Signature of the applicant or attorney of record You can use Form PTO-2248 for this purpose,…
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