How does the “main invention” concept apply in international patent applications?
The concept of “main invention” is crucial in cases where lack of unity of invention is found in an international patent application. According to MPEP 1875: “The main invention, in case of doubt, is the first claimed invention for which an international search report has been issued by the International Searching Authority. The main invention,…
Read MoreHow are international patent applications considered as prior art in the U.S.?
International patent applications can be considered as prior art in the U.S. under specific conditions. MPEP 901.03 states: “A U.S. patent application publication of a National Stage application and a WIPO publication of an international application under PCT Article 21(2) are considered to be prior art under pre-AIA 35 U.S.C. 102(e) as of the international…
Read MoreWhat is industrial applicability in the context of international patent applications?
Industrial applicability is a key criterion in the assessment of international patent applications. According to PCT Article 33(4), industrial applicability is defined as follows: “For the purposes of the international preliminary examination, a claimed invention shall be considered industrially applicable if, according to its nature, it can be made or used (in the technological sense)…
Read MoreHow are illegible or partially received facsimile transmissions handled in international patent applications?
The USPTO has specific procedures for handling illegible or partially received facsimile transmissions in international patent applications. According to the MPEP section 1834.01: “Where a document is illegible or part of the document is not received, the document will be treated as not received to the extent that it is illegible or the transmission failed.”…
Read MoreWhat is a “general power of attorney” in international patent applications?
A “general power of attorney” in international patent applications is a document that appoints an agent to represent the applicant in relation to any international application that may be filed by that applicant. This is explained in MPEP 1807, which cites PCT Rule 90.5: “Appointment of an agent in relation to a particular international application…
Read MoreWhat types of documents can be filed by facsimile in international patent applications?
Generally, most documents can be filed by facsimile transmission in international patent applications, with some exceptions. The MPEP states: “Generally, any paper may be filed by facsimile transmission with certain exceptions which are identified in 37 CFR 1.6(d).” Specifically, you can submit the following by fax: Substitute sheets (other than color drawings) Extensions of time…
Read MoreWhat is the examiner’s role in identifying mistakes in international patent applications?
While examiners are not primarily responsible for discovering mistakes in international patent applications, they may bring errors to the applicant’s attention if they notice them. The MPEP 1876 states: “Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be…
Read MoreWhat documents are not permitted to be filed by facsimile in international patent applications?
Certain documents are not permitted to be filed by facsimile transmission in international patent applications. The MPEP section 1834.01 clearly states: “It should be noted that a facsimile transmission of a document is not permitted and, if submitted, will not be accorded a date of receipt if the document is: (A) Required by statute to…
Read MoreAre design patents included in the Patent Cooperation Treaty (PCT)?
No, design patents are not included in the Patent Cooperation Treaty (PCT). This is explicitly stated in the Manual of Patent Examining Procedure (MPEP): “It is noted that design patent applications are not included in the Patent Cooperation Treaty (PCT), and the procedures followed for PCT international applications are not to be followed for design…
Read MoreCan a Certificate of Transmission be used for facsimile submissions in international patent applications?
The use of a Certificate of Transmission for facsimile submissions in international patent applications is limited. According to the MPEP section 1834.01: “A Certificate of Transmission may be used as provided in 37 CFR 1.8(a)(1) except in the instances specifically excluded in 37 CFR 1.8(a)(2).” However, it’s crucial to note the following restriction: “Note particularly…
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