What is the process for electing states in an international patent application under PCT?

The process for electing states in an international patent application under the Patent Cooperation Treaty (PCT) is governed by MPEP 1864.03 and PCT Article 31. Key points include: The demand for international preliminary examination must indicate the Contracting States where the applicant intends to use the examination results (“elected States”). Additional states can be elected…

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What is the Request form in a PCT application?

The Request form (PCT/RO/101) is a standardized form used in filing an international patent application under the Patent Cooperation Treaty (PCT). According to MPEP 1821, “The Request must either be made on a standardized form PCT/RO/101 to be filled in with the required indications or be presented as a computer printout complying with the PCT…

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Where can I obtain the PCT international application transmittal letter form?

The PCT international application transmittal letter form (Form PTO-1382) can be obtained online from the USPTO website. According to MPEP 1830: “The form, which is intended to simplify the filing of PCT international applications and related documents with the United States Receiving Office, may be obtained online at www.uspto.gov/patents-getting-started/international-protection/patent-cooperation-treaty/pct-chapter-i-forms.” You can access and download the…

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How are non-written disclosures treated as prior art in international patent applications?

Non-written disclosures, such as oral disclosures, use, or exhibitions, are addressed in MPEP 1878.01(a) and PCT Rule 64.2. These disclosures are generally not considered part of the prior art if: The non-written disclosure occurred before the relevant date The date of the non-written disclosure is indicated in a written disclosure The written disclosure was made…

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Can a legal representative file an international patent application for a deceased or incapacitated inventor?

Yes, a legal representative can file an international patent application for a deceased or incapacitated inventor, but the rules differ based on the filing date: For applications filed on or after September 16, 2012: If an inventor is deceased or under legal incapacity, the legal representative of the inventor may be an applicant in an…

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