How does withdrawing a priority claim affect an international patent application?
Withdrawing a priority claim can have significant effects on an international patent application, as outlined in PCT Rule 90bis.3 and MPEP 1859: Priority claims can be withdrawn up to 30 months from the priority date. Withdrawal of a priority claim may change the priority date of the application. Time limits computed from the original priority…
Read MoreHow does early publication affect the restoration of the right of priority?
Early publication can impact the ability to restore the right of priority in an international patent application. According to MPEP 1828.01: “If the applicant makes a request for early publication under PCT Article 21(2)(b), any requirement under paragraph (b) of this section filed after the technical preparations for international publication have been completed by the…
Read MoreHow many copies of an international patent application are required when filing with the United States Receiving Office?
When filing an international patent application with the United States Receiving Office, only one copy of the application is required. This is specified in MPEP 1812, which states: “Only one copy of the international application need be filed in the United States Receiving Office“ This requirement is based on 37 CFR 1.433(a), which governs the…
Read MoreHow do I claim priority in an international patent application?
To claim priority in an international patent application, you must indicate the following information on the Request form at the time of filing: The country in or for which the earlier application was filed The date of filing The application number This is in accordance with PCT Article 8 and PCT Rule 4.10. As stated…
Read MoreWhat are the benefits of requesting a Supplementary International Search?
Requesting a Supplementary International Search (SIS) offers several benefits to PCT applicants: Reduced risk of new prior art: As stated in the MPEP, Requesting supplementary international search reduces the risk of new prior art being cited in the national phase. Expanded linguistic and technical scope: The MPEP notes, Requesting one or more supplementary international searches,…
Read MoreWhat are the basic requirements for an international patent application according to PCT Article 3(4)?
MPEP 1812 outlines the basic requirements for an international patent application as specified in PCT Article 3(4). These requirements are: The application must be in a prescribed language It must comply with the prescribed physical requirements It must comply with the prescribed requirement of unity of invention It must be subject to the payment of…
Read MoreWhat is an Article 19 Amendment in the Patent Cooperation Treaty?
An Article 19 Amendment is a mechanism under the Patent Cooperation Treaty (PCT) that allows applicants to amend the claims of an international patent application after the issuance of the search report. According to MPEP 1893.01(a)(2), “The claims of an international application may be amended under PCT Article 19 after issuance of the search report.”…
Read MoreHow should the elements of an international patent application be arranged?
The MPEP 1812 specifies the order in which the elements of an international patent application should be arranged: Request Description (excluding any sequence listing part) Claims Abstract Drawings Sequence listing part of the description (if applicable) This order is mandated by the Administrative Instructions Section 207(a). The MPEP states: “The elements of the international application…
Read MoreWhat is the difference between PPH and PCT-PPH in patent applications?
The Patent Prosecution Highway (PPH) and PCT-Patent Prosecution Highway (PCT-PPH) are related programs that expedite patent examination, but they differ in their scope and requirements: PPH: Applies to direct national or regional patent applications between participating offices. PCT-PPH: Specifically for applications that have gone through the Patent Cooperation Treaty (PCT) system. According to the USPTO,…
Read MoreHow should I identify an international patent application in an assignment?
For an international patent application designating the United States, you must use the international application number in the assignment. MPEP 302.03 specifies: “An assignment relating to an international patent application which designates the United States of America must identify the international application by the international application number; e.g., PCT/US2012/012345.” This format ensures proper identification of…
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