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,…
Read MoreWhat 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…
Read MoreWhat is the process for withdrawing an international patent application?
The process for withdrawing an international patent application is outlined in MPEP 1859 and PCT Rule 90bis.1. Here are the key points: The applicant can withdraw the international application at any time before the expiration of 30 months from the priority date. Withdrawal is done by submitting a notice to the International Bureau, the receiving…
Read MoreHow is a common representative determined for PCT applications?
The determination of a common representative for PCT applications follows specific rules outlined in MPEP 1807. The process is as follows: If a common agent is appointed, they act as the common representative. If no common agent is appointed, but a common representative is explicitly appointed, that person acts as the common representative. If neither…
Read MoreHow are inventor details handled in international patent applications?
The handling of inventor details in international patent applications depends on the requirements of the designated states: If the inventor is not the applicant, information about the inventor must be provided in the Request if required by the national law of at least one designated state. Most countries require inventor information for the national phase.…
Read MoreWhat 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…
Read MoreWhat form should I use to withdraw my international patent application or designations?
To withdraw an international patent application, designations, or priority claims, you can use Form PCT/IB/372. This form is mentioned in MPEP 1859 and is designed to comply with the requirements of PCT Rule 90bis. The MPEP states: “Form PCT/IB/372 may be used by the applicant to make a withdrawal under any of PCT Rules 90bis.1,…
Read MoreCan 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…
Read MoreCan I use facsimile transmission to file an international patent application?
No, facsimile transmission cannot be used for filing an international patent application. The MPEP clearly states: “Facsimile transmission may not be used for the filing of an international application, the filing of color drawings under 37 CFR 1.437, or the filing of a copy of the international application and the basic national fee to enter…
Read MoreWho is eligible to file an international patent application with the USPTO?
The eligibility to file an international patent application with the United States Patent and Trademark Office (USPTO) as the Receiving Office is determined by the applicant’s nationality or residence. The MPEP states: “Only if at least one of the applicants is a resident or national of the United States of America may an international application…
Read More