What is the significance of NAFTA and WTO member countries in establishing invention dates?
The significance of NAFTA (North American Free Trade Agreement) and WTO (World Trade Organization) member countries in establishing invention dates relates to changes in U.S. patent law that expanded the geographical scope for proving invention dates. According to MPEP 2138.02: “Pre-AIA 35 U.S.C. 104, as amended by GATT (Public Law 103-465, 108 Stat. 4809 (1994))…
Read MoreWhat is the role of the Budapest Treaty in biological material deposits for patents?
The Budapest Treaty plays a significant role in the international recognition of biological material deposits for patent purposes. As stated in MPEP 2405: “A deposit made in a depository which is not recognized as acceptable under 35 U.S.C. 1.803 may be acceptable for patent purposes if the depository becomes recognized as acceptable under 35 U.S.C.…
Read MoreWhat is the significance of the Budapest Treaty for biological deposits in patent applications?
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is significant for biological deposits in patent applications for several reasons: It establishes a uniform system for depositing biological materials for patent purposes. It allows a single deposit to satisfy the deposit requirements of all contracting states.…
Read MoreHow does the STIC assist with foreign patent searches?
The Scientific and Technical Information Center (STIC) plays a crucial role in assisting patent examiners with foreign patent searches. According to MPEP 901.06(a): “STIC staff can assist examiners in searching the foreign patent databases.” This service is particularly valuable because: It provides access to patent documents from various countries It helps overcome language barriers in…
Read MoreCan I obtain a regional patent through the PCT?
Yes, it is possible to obtain a regional patent through the Patent Cooperation Treaty (PCT) for certain regions. The MPEP specifically states: An updated list of PCT Contracting States for which a regional patent can be obtained via the PCT is available from the WIPO’s website ( www.wipo.int/pct/en/texts/reg_des.html ). This means that for some groups…
Read MoreHow can I petition for a retroactive foreign filing license?
If you need a retroactive foreign filing license for a patent application filed abroad without first obtaining a foreign filing license, you can petition the USPTO. According to MPEP 1002.02(b): Petitions for retroactive foreign filing license under 37 CFR 5.25, MPEP § 140, subsection II. To petition for a retroactive foreign filing license: File the…
Read MoreWhat is the PCT and how many member states are there?
The PCT (Patent Cooperation Treaty) is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in its contracting states. The exact number of member states changes over time as new countries join. According to the MPEP, An updated list of PCT Contracting States is available from WIPO’s…
Read MoreHow do Japanese patent application publications show dates?
Japanese patent application publications use a unique system for indicating dates. According to MPEP 901.05(a): “Japanese patent application publications show the date in Arabic numerals by indicating in order the year of the reign of the Emperor, the month, and the day.” This means that Japanese patent dates are typically formatted as YY.MM.DD, where YY…
Read MoreHow are INID Codes used for international patent applications under the PCT?
INID Codes are used to identify specific information related to international patent applications filed under the Patent Cooperation Treaty (PCT). Key codes include: (86) Filing data of the PCT international application (87) Publication data of the PCT international application (88) Date of deferred publication of the search report The MPEP provides guidance on how to…
Read MoreWhy is understanding foreign patent date formats important for patent research?
Understanding foreign patent date formats is crucial for accurate patent research and prior art searches. The MPEP 901.05(a) provides guidance on interpreting these dates because: Foreign patent publications use different date formats than Western standards Japanese patents use a unique system based on the Emperor’s reign Misinterpreting dates can lead to errors in determining patent…
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