What is the difference between the filing date in the United States and the international filing date?
The filing date of an international design application in the United States is not necessarily the same as the international filing date accorded by the International Bureau. As stated in MPEP 2906: “The filing date of an international design application in the United States is not necessarily the same date as the filing date accorded…
Read MoreHow is copendency determined for international design applications claiming benefit under 35 U.S.C. 386(c)?
When determining copendency for an international design application designating the United States and claiming benefit under 35 U.S.C. 386(c), it’s the U.S. filing date of the international design application that is relevant, not necessarily the international filing date. The MPEP states: In determining whether an international design application designating the United States is copending with…
Read MoreCan the filing date of a U.S. national stage application be the international filing date?
Yes, the filing date of a U.S. national stage application can be the international filing date under certain conditions. According to MPEP 1893.03(b): “An international application designating the United States will have a United States filing date as of the international filing date if the requirements of 35 U.S.C. 371(c) are met within 30 months…
Read MoreWho can be an applicant for a U.S. National Stage Application?
For U.S. national stage applications with an international filing date on or after September 16, 2012, the applicant can be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (i.e., a person to whom the inventor is under an obligation to assign the invention) A person who…
Read MoreWhat is the relevant date for considering inventive step in PCT applications?
The relevant date for considering inventive step in PCT applications is specified in PCT Rule 65.2. According to MPEP 1878.01(a)(2): “For the purposes of Article 33(3), the relevant date for the consideration of inventive step (non-obviousness) is the date prescribed in Rule 64.1.” Rule 64.1 generally establishes the international filing date as the relevant date…
Read MoreWhat are the requirements for obtaining an international filing date under the PCT?
To obtain an international filing date under the Patent Cooperation Treaty (PCT), the following requirements must be met according to MPEP 1810 and PCT Article 11: The applicant must have the right to file with the receiving Office The application must be in the prescribed language The application must contain at least: An indication that…
Read MoreHow long can copies of cited documents be requested after filing?
According to MPEP 1879.02, which cites PCT Rule 71.2(a), copies of cited documents can be requested for an extended period after the international filing date: “The request under Article 36(4) may be presented any time during seven years from the international filing date of the international application to which the report relates.” This seven-year period…
Read MoreHow 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…
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