How do I associate a new international application with my customer number in EFS-Web?
To associate a new international application that you’re filing in EFS-Web with an existing customer number, follow these steps: Access the EFS-Web system Begin the process of filing your new international application When filling in the application data, locate the appropriate field for entering the customer number Enter your customer number in this field As…
Read MoreAre there any additional Chapter II fees beyond the preliminary examination and handling fees?
Generally, there are no additional Chapter II fees beyond the preliminary examination fee and the handling fee. However, there is one exception: An additional preliminary examination fee may be required if additional inventions are determined to be present in the application. As stated in the MPEP: “Since supplements to the handling fee were deleted, no…
Read MoreWhat is an international application designating the United States?
An international application designating the United States is a patent application filed under the Patent Cooperation Treaty (PCT) that includes the United States as a designated country. The MPEP cites 35 U.S.C. 363, which states: An international application designating the United States shall have the effect, from its international filing date under article 11 of…
Read MoreWhich types of applications are not eligible for prioritized examination?
According to MPEP 708.01, certain types of applications are not eligible for prioritized examination. These include: International applications that have not entered the national stage under 35 U.S.C. 371 Design applications Reissue applications Provisional applications Reexamination proceedings The MPEP states: Prioritized examination under this paragraph will not be accorded to international applications that have not…
Read MoreHow does the USPTO prioritize international applications in the national stage?
The USPTO has specific guidelines for prioritizing international applications entering the national stage. According to the MPEP: “See 37 CFR 1.496 and MPEP § 1893.03 for the order of examination of international applications in the national stage, including taking up out of order certain national stage applications which have been indicated as satisfying the criteria…
Read MoreHow does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications?
How does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications? The prior art exception under 35 U.S.C. 102(b)(2)(C) has specific implications for PCT applications. The MPEP 717.02(a) states: “The U.S. patent document that resulted from a PCT application filed before March 16, 2013, is available as prior art under 35 U.S.C. 102(e)…
Read MoreWhat information can be provided about international applications or applications claiming benefit of international applications?
According to MPEP 102, for national stage applications or applications claiming the benefit of a published international application: “Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of…
Read MoreCan I access international application files at the USPTO?
Access to international application files at the USPTO is governed by specific rules. According to MPEP 103: ‘International applications that designate the U.S. and have been published in accordance with PCT Article 21(2) are generally open to public inspection and copying.’ This means: Published international applications designating the U.S. are accessible Access is available after…
Read MoreHow does the USPTO handle confidentiality for international applications filed in the United States?
The United States Patent and Trademark Office (USPTO) has specific procedures for maintaining the confidentiality of international applications filed in the U.S. According to MPEP 110, which references 35 U.S.C. 368, International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17. This means that such applications are…
Read MoreHow does a Secrecy Order affect patent application prosecution?
A Secrecy Order significantly impacts the prosecution of a patent application. According to 37 CFR 5.3: Unless specifically ordered otherwise, action on the application by the Office and prosecution by the applicant will proceed during the time an application is under secrecy order to the point indicated in this section. Key effects include: Applications under…
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