How does national stage entry affect the application of pre-AIA or AIA rules for PCT applications?
The national stage entry of a PCT application does not change its status under pre-AIA or AIA rules. The MPEP clearly states: Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35…
Read MoreWhat is the Patent Cooperation Treaty (PCT)?
The Patent Cooperation Treaty (PCT) is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in its contracting states. As stated in the MPEP, The Patent Cooperation Treaty (PCT) enables the U.S. applicant to file one application, “an international application,” in a standardized format in English in…
Read MoreHow can I revive an abandoned international patent application?
To revive an abandoned international patent application, you need to file a petition under 37 CFR 1.137 for unintentional delay. This petition is decided by the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p): “Petitions under 37 CFR 1.137 (unintentional delay) to revive an application filed under the Patent Cooperation Treaty (PCT).”…
Read MoreHow can I restore the right of priority in an international patent application?
To restore the right of priority in an international patent application, you need to submit a request under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR 1.78. These requests are decided by the Director of International Patent Legal Administration. According to MPEP 1002.02(p): “Requests under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR…
Read MoreWhat are the requirements for the description in a PCT application?
The description in a PCT application must meet specific requirements as outlined in MPEP 1823. The key requirements are: It must disclose the invention clearly and completely for a person skilled in the art to carry it out. It should start with the title of the invention as it appears in Box No. I of…
Read MoreWhat are the recommended headings for a PCT application description?
According to MPEP 1823, the description in a PCT application should generally be divided into six parts with the following headings: Technical Field Background Art Disclosure of Invention Brief Description of Drawings Best Mode for Carrying Out the Invention (or Mode(s) for Carrying Out the Invention) Industrial Applicability (where applicable) The MPEP states: “Those parts…
Read MoreHow should dependent claims be formatted in a PCT application?
Dependent claims in a PCT application should be formatted according to PCT Rule 6.4, as referenced in MPEP 1824: Dependent claims should refer to other claim(s) at the beginning They should state the additional features claimed Multiple dependent claims should refer to other claims in the alternative only Multiple dependent claims cannot serve as a…
Read MoreWhat is the recommended structure for claims in a PCT application?
The recommended structure for claims in a PCT application, as outlined in MPEP 1824, includes: A statement of technical features that are part of the prior art A characterizing portion stating the features for which protection is sought The MPEP cites PCT Rule 6.3, which states: “Whenever appropriate, claims shall contain: (i) a statement indicating…
Read MoreWhat are the main requirements for claims in a PCT application?
The main requirements for claims in a PCT application are outlined in MPEP 1824 and include: Claims must define the matter for which protection is sought Claims should be clear and concise Claims must be fully supported by the description The number of claims should be reasonable considering the nature of the invention As stated…
Read MoreCan claims in a PCT application refer to the description or drawings?
According to MPEP 1824, claims in a PCT application should generally avoid referring to the description or drawings. However, there are some exceptions: References to the description or drawings are allowed when absolutely necessary Technical features in claims can be followed by reference signs relating to drawings Reference signs should preferably be placed between parentheses…
Read More