How is the relevant date determined for prior art in international patent examinations?
The relevant date for considering prior art in international patent examinations is determined according to MPEP 1843.01, which references PCT Rule 64.1(b): Generally, it’s the international filing date of the application under examination If the application claims priority of an earlier application and has an international filing date within the priority period, it’s the filing…
Read MoreWhat is the purpose of Form PCT/IPEA/408 in international patent applications?
Form PCT/IPEA/408 serves a specific purpose in the international patent application process. According to MPEP 1876: “Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.” This form is used by examiners to communicate non-obvious mistakes or issues to the applicant. It’s part of the written opinion of the…
Read MoreWhen is a translation of the priority document required in PCT applications?
A translation of the priority document may be required in PCT applications when the original document is not in the language of the International Preliminary Examining Authority. MPEP 1870 states: “If the application whose priority is claimed in the international application is in a language other than the language or one of the languages of…
Read MoreWhat is Form PCT/IPEA/405 and when is it used?
Form PCT/IPEA/405, also known as the “Invitation to restrict or pay additional fees,” is used in the international patent examination process. It is issued when an examiner determines that an international application lacks unity of invention. According to MPEP 1875.01, this form is used to “invite the applicant, at his/her option, to restrict the claims…
Read MoreWhat is the Global/IP5 PPH pilot program?
The Global/IP5 PPH pilot program is an extension of the Patent Prosecution Highway (PPH) program. According to MPEP 708.02(c), Under the Global/IP5 PPH pilot program, an application is eligible for accelerated examination with the USPTO if the application contains one or more claims that are patentable/allowable in one of the other Global/IP5 offices. This program…
Read MoreHow does the PCT-PPH program differ from the standard PPH program?
The PCT-PPH program is a specific variant of the Patent Prosecution Highway (PPH) program that focuses on applications filed under the Patent Cooperation Treaty (PCT). According to MPEP 708.02(c): Under the PCT-PPH pilot program, an applicant receiving a written opinion or an international preliminary examination report from an International Searching Authority (ISA) or an International…
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