What is Rospatent and when did it become available as an International Searching Authority?
Rospatent, or the Federal Service for Intellectual Property of the Russian Federation, became available as an International Searching Authority (ISA) for PCT applications on January 10, 2012. As stated in the MPEP, Since January 10, 2012, the Federal Service for Intellectual Property (Rospatent) (Russian Federation) has been available as an International Searching Authority (ISA) for…
Read MoreWhat is the purpose of notifying the International Bureau about a Demand for International Preliminary Examination?
The purpose of notifying the International Bureau about a Demand for International Preliminary Examination is to ensure proper communication and coordination in the international patent application process. According to MPEP 1869, the International Preliminary Examining Authority is responsible for this notification: “The International Preliminary Examining Authority, pursuant to PCT Rule 61, promptly notifies the International…
Read MoreWhat is the difference between the “in spite of due care” and “unintentional” standards for priority restoration?
The PCT system recognizes two standards for restoring the right of priority: the “in spite of due care” standard and the “unintentional” standard. The United States, as a receiving office, only applies the “unintentional” standard. MPEP 1828.01 explains: “The International Bureau decides these matters under both the in spite of due care and unintentional standards.…
Read MoreWho is responsible for translating the international preliminary examination report and its annexes?
The responsibility for translating the international preliminary examination report and its annexes is divided between the International Bureau and the applicant. According to MPEP 1879.03: “In that case, the translation of the body of the written opinion and/or report is prepared by the International Bureau, which transmits copies to the applicant and to each interested…
Read MoreWhat is the process for notifying elected Offices of a PCT application’s election?
The process for notifying elected Offices of a PCT application’s election is outlined in MPEP 1881 and PCT Rule 61. The key steps are: The International Bureau (IB) is responsible for notifying elected Offices. The notification includes the application number, filing date, applicant name, priority claim details (if applicable), and the date the International Preliminary…
Read MoreHow do PCT Article 34 amendments differ from PCT Article 19 amendments?
How do PCT Article 34 amendments differ from PCT Article 19 amendments? PCT Article 34 and Article 19 amendments serve different purposes and are filed at different stages of the PCT process. While MPEP 1864.01 focuses on Article 34 amendments, it’s important to understand the distinction: PCT Article 19 amendments: Filed during the Chapter I…
Read MoreWho can use the Korean Intellectual Property Office as an International Searching Authority for PCT applications?
The Korean Intellectual Property Office (KIPO) is available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents. This applies to applications filed in two specific receiving offices: The U.S. Patent and Trademark Office (USPTO) as receiving Office The International Bureau (IB) as receiving Office As stated in MPEP 1840.02:…
Read MoreWhat is the role of the Japan Patent Office (JPO) as an International Searching Authority?
The Japan Patent Office (JPO) has been available as an International Searching Authority (ISA) for certain PCT applications since July 1, 2015. Specifically, the JPO can serve as an ISA for: PCT applications filed by U.S. nationals or residents Applications filed with the U.S. Patent and Trademark Office (USPTO) as receiving Office Applications filed with…
Read MoreIs there a time limit for transmitting the International Preliminary Examination Report?
Yes, there is a time limit for transmitting the International Preliminary Examination Report (IPER). According to MPEP 1879.02: “Every effort is made to ensure that the transmittal is effected in sufficient time to reach the International Bureau before the expiration of the time limit set in PCT Rule 69.2.” PCT Rule 69.2 specifies the time…
Read MoreWho receives the International Preliminary Examination Report?
The International Preliminary Examination Report is transmitted to two main recipients: The applicant The International Bureau This is specified in MPEP 1879.02, which cites PCT Rule 71.1(a): “The International Preliminary Examining Authority shall, on the same day, transmit one copy of the international preliminary examination report and its annexes, if any, to the International Bureau,…
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