How is inventive step evaluated in international patent applications?

Inventive step (also known as non-obviousness) in international patent applications is addressed in MPEP 1878.01(a)(2) and PCT Article 33(3). The MPEP states: “For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not,…

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What happens if I file an international application with the USPTO but I’m not eligible?

If you file an international application with the USPTO as the Receiving Office but you’re not eligible (i.e., you’re not a resident or national of the United States), the application may be forwarded to the International Bureau as Receiving Office. The MPEP explains: “PCT Rule 19.4 provides for transmittal of an international application to the…

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What is a general power of attorney in PCT applications?

A general power of attorney in PCT applications is a document that authorizes an agent or common representative to act on behalf of the applicant(s) in multiple international applications. MPEP 1807 provides guidance on this topic: “A general power of attorney enables a practitioner to represent the applicant in all international applications filed by the…

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Can I file an international patent application directly with the International Bureau?

Yes, you can file an international patent application directly with the International Bureau as the Receiving Office, provided you meet certain criteria. The MPEP states: “Any applicant who is a resident or national of a PCT Contracting State may also file their application directly with the International Bureau as receiving Office.” This option can be…

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