How does 37 CFR 1.57(b) affect international applications?
For international applications, 37 CFR 1.57(b)(1) specifies:n n Any amendment will only be effective as to the United States and shall have no effect on the international filing date n It cannot be relied upon to accord an international filing date or alter the filing date under PCT Article 11 n No request to add…
Read MoreWhat status information is available for international applications?
For international applications and applications claiming the benefit of a published international application: If the United States is indicated as a Designated State, status information is available for the national stage application and any application claiming benefit of the filing date of the published international application. Only the serial number, filing date, application number, and…
Read MoreWhat is a ‘bypass’ application and how does it relate to international applications?
A ‘bypass’ application is: A regular national application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b) It claims benefit of an international application’s filing date without entering the national stage under 35 U.S.C. 371 It can be filed as a continuation, divisional, or continuation-in-part of the international application MPEP 211.01(c) explains: “Rather than submitting…
Read MoreWhat is a national application according to the USPTO?
According to 37 CFR 1.9(a)(1), a national application is defined as: A U.S. application for patent filed in the USPTO under 35 U.S.C. 111 An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid An international design application filed under the Hague Agreement…
Read MoreHow does 35 U.S.C. 365 affect the right of priority for international applications?
35 U.S.C. 365 addresses the right of priority for international applications in two key aspects: National applications based on international applications International applications based on foreign applications The MPEP states: “35 U.S.C. 365(a) provides that a national application shall be entitled to the right of priority based on a prior international application of whatever origin,…
Read MoreWhat are the requirements for claiming the benefit of an international application?
Claiming the benefit of an international application (PCT application) in a U.S. national application has specific requirements. The MPEP states: “Pursuant to 35 U.S.C. 365(c), a regular national application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b) may claim the benefit of the filing date of an international application which designates the United States…
Read MoreHow does an international application designating the United States affect national patent rights?
An international application designating the United States has significant effects on national patent rights. According to 35 U.S.C. 363: An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.…
Read MoreWhat are the main types of patent applications in the United States?
There are several types of patent applications in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications Provisional applications filed under 35 U.S.C. 111(b) International applications filed under the Patent Cooperation Treaty (PCT) International design applications filed under the Hague Agreement The MPEP states: Applications filed under…
Read MoreHow does the Patent Cooperation Treaty (PCT) affect international patent applications?
The Patent Cooperation Treaty (PCT) significantly impacts international patent applications. According to MPEP 213.01: International applications filed under the Patent Cooperation Treaty (PCT) are considered to have been filed in any PCT contracting state of which the United States is one. This means that a PCT application effectively serves as a placeholder for potential national…
Read MoreHow should applicants handle status inquiries for PCT applications?
For status inquiries regarding PCT applications, the MPEP provides specific guidance: Inquiries relating to international applications filed under the Patent Cooperation Treaty (PCT) should be directed to the PCT Help Desk. The MPEP states: Inquiries relating to international applications (PCT) … should be directed to the PCT Help Desk at 1-800-PTO-9199 or 571-272-4300. The PCT…
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