Who is responsible for notifying the International Bureau about a filed Demand?
According to MPEP 1869, the responsibility for notifying the International Bureau about a filed Demand lies with the International Preliminary Examining Authority (IPEA). The MPEP states: “The International Preliminary Examining Authority, pursuant to PCT Rule 61, promptly notifies the International Bureau and the applicant of the filing of any Demand.” This means that: The IPEA…
Read MoreHow does the IPEA obtain a copy of the priority document in PCT applications?
The International Preliminary Examining Authority (IPEA) can obtain a copy of the priority document in PCT applications through several means. MPEP 1870 outlines the process: “If the International Preliminary Examining Authority needs a copy of the earlier application whose priority is claimed in the international application, the International Bureau shall, on request, promptly furnish such…
Read MoreWhat is the role of the International Bureau (IB) in the PCT process?
The International Bureau (IB), operated by the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, plays a central coordinating role in the PCT process. According to the MPEP, The basic functions of the International Bureau (IB) are to maintain the master file of all international applications and to act as the publisher and central coordinating…
Read MoreWhat is the role of the International Bureau in the PCT election process?
The International Bureau (IB) plays a crucial role in the PCT election process, as outlined in MPEP 1881. Its main responsibilities include: Notifying elected Offices of the demand and elections Sending the notification to elected Offices along with the Article 20 communication Promptly notifying elections made after the initial communication Informing the applicant in writing…
Read MoreWhat role does the International Bureau play in correcting defects in a PCT Demand?
The International Bureau plays a supportive role in identifying and addressing defects in PCT Demands. According to MPEP 1868, which cites PCT Rule 60.1(e): “If the defect is noticed by the International Bureau, it shall bring the defect to the attention of the International Preliminary Examining Authority, which shall then proceed as provided in paragraphs…
Read MoreWhat role does the International Bureau play in PCT applications filed with it as the receiving Office?
The MPEP 1864.02 addresses the role of the International Bureau when it acts as the receiving Office for PCT applications. Specifically, it cites PCT Rule 54.3, which states: “Where the international application is filed with the International Bureau as receiving Office under Rule 19.1(a)(iii), the International Bureau shall, for the purposes of Article 31(2)(a), be…
Read MoreWhat happens if I file an international application with the USPTO but I’m not eligible?
If you file an international application with the USPTO as the Receiving Office but you’re not eligible (i.e., you’re not a resident or national of the United States), the application may be forwarded to the International Bureau as Receiving Office. The MPEP explains: “PCT Rule 19.4 provides for transmittal of an international application to the…
Read MoreCan I file an international patent application directly with the International Bureau?
Yes, you can file an international patent application directly with the International Bureau as the Receiving Office, provided you meet certain criteria. The MPEP states: “Any applicant who is a resident or national of a PCT Contracting State may also file their application directly with the International Bureau as receiving Office.” This option can be…
Read MoreWhat is the role of the European Patent Office as an International Searching Authority?
The European Patent Office (EPO) has been available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents since October 1, 1982. This applies to applications filed in the U.S. Patent and Trademark Office (USPTO) as receiving Office or in the International Bureau (IB) as receiving Office. As stated in…
Read MoreWhat documents are received from the International Bureau for a national stage application?
The national stage application includes several important documents received from the International Bureau, including: The publication of the international application, which includes the cover page, description, claims, drawings, and search report The International Preliminary Examination Report (IPER) or International Preliminary Report on Patentability (IPRP) The priority document Any notifications of withdrawal The MPEP states, “The…
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