What information must be included in the PCT Request for U.S. designation?
For designating the United States in a PCT application, specific information must be included in the Request. According to MPEP 1821, the following is required: “For the purposes of the designation of the United States of America, an international application shall include: The name of the inventor; and A reference to any prior-filed national application…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat are the requirements for drawings in a PCT application?
Drawings in a PCT application must adhere to specific requirements as outlined in MPEP 1825 and PCT Rule 11. Key requirements include: Drawings are required when necessary for understanding the invention. They must be on separate sheets and cannot be included in the description, claims, or abstract. Sheets must be A4 size (29.7 cm x…
Read MoreWhat is the significance of the applicant’s address in a PCT application?
The applicant’s address plays an important role in a PCT application. The MPEP 1806 states: “The applicant’s address shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at that address and should consist of all the relevant administrative units up to, and including, the house number, if…
Read MoreWhere 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…
Read MoreHow is novelty determined in international patent applications?
Novelty for international patent applications is defined in MPEP 1878.01(a)(1) and PCT Article 33(2). The MPEP states: “For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.” This means that an invention is considered novel if…
Read MoreHow is novelty defined in the context of international patent applications?
Novelty in the context of international patent applications is defined in PCT Article 33(2). The article states: “For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.” This definition is used to assess the novelty of…
Read MoreHow 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…
Read MoreCan 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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