Can I withdraw specific designations from my international patent application?
Yes, you can withdraw specific designations from your international patent application. This process is governed by PCT Rule 90bis.2 and outlined in MPEP 1859. Here are the key points: You can withdraw the designation of any designated State up to 30 months from the priority date. Withdrawal of a designation that has been elected also…
Read MoreWho can file an international patent application under the Patent Cooperation Treaty (PCT)?
Any resident or national of a Contracting State may file an international application under the Patent Cooperation Treaty (PCT). This includes individuals, corporate entities, or other concerns. As stated in the MPEP: Any resident or national of a Contracting State may file an international application. See PCT Article 9 and PCT Rule 18. The applicant…
Read MoreWhere can I file an international patent application in the United States?
International patent applications can be filed in the United States through the following methods: Electronically through the USPTO’s electronic filing system (EFS-Web) By mail to “Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450” In person at the Customer Service Window, USPTO Alexandria headquarters, addressed to “Mail Stop PCT” The USPTO states:…
Read MoreWhen can an applicant request a Supplementary International Search?
An applicant can request a Supplementary International Search (SIS) at any time before the expiration of 22 months from the priority date of the international application. This is specified in PCT Rule 45bis.1(a), which states: The applicant may, at any time prior to the expiration of 22 months from the priority date, request that a…
Read MoreWhat is a Supplementary International Search (SIS)?
A Supplementary International Search (SIS) is an optional service in the Patent Cooperation Treaty (PCT) process that allows additional searches to be performed by a Supplementary International Searching Authority (SISA) during the international phase, in addition to the search performed by the main International Searching Authority (ISA). According to the MPEP, Requesting supplementary international search…
Read MoreWhat are the fees associated with a Supplementary International Search?
There are two main fees associated with a Supplementary International Search (SIS): Supplementary search handling fee: This fee covers the costs of the International Bureau (IB). According to PCT Rule 45bis.2(a), The supplementary search request shall be subject to the payment of a fee for the benefit of the International Bureau (“supplementary search handling fee”)…
Read MoreWho can sign a notice of withdrawal for an international patent application?
The signing requirements for a notice of withdrawal in an international patent application are specific and outlined in PCT Rule 90bis.5 and MPEP 1859: All applicants must sign the notice of withdrawal. An appointed agent or common representative can sign on behalf of the applicants who appointed them. An applicant considered to be the common…
Read MoreHow should the sheets of an international patent application be numbered?
According to MPEP 1812, the sheets of an international patent application must be numbered in consecutive Arabic numerals using separate series for different parts of the application: First series: Request Second series: Description, claims, and abstract Third series: Drawings (if applicable) Fourth series: Sequence listing part of the description (if applicable) The MPEP cites PCT…
Read MoreWhat is the role of a common representative in PCT applications?
The common representative in PCT applications plays a crucial role in communication and decision-making. According to MPEP 1807: “Where no common agent or common representative has been appointed, one of the applicants who is entitled to file in the receiving Office acts as the common representative.” The common representative is authorized to: Perform all acts…
Read MoreWhat is the restoration of the right of priority in international patent applications?
The restoration of the right of priority is a provision in the Patent Cooperation Treaty (PCT) that allows applicants to request the restoration of priority rights for international patent applications filed after the expiration of the 12-month priority period but within two months of that expiration. According to MPEP 1828.01, “If the international application has…
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