How are applicants indicated in a PCT demand for international preliminary examination?
The MPEP 1864.02 provides guidance on how applicants should be indicated in a PCT demand for international preliminary examination: Only applicants for the elected States are required to be indicated in the Demand. The required information for each applicant includes name, address, telephone number, facsimile machine number, nationality, and residence. These requirements are the same…
Read MoreHow does unclear description or inadequate support affect international preliminary examination?
According to MPEP 1874, unclear description or inadequate support can significantly impact international preliminary examination. The MPEP states: “If any of the situations referred to in subparagraph (a) is found to exist in, or in connection with, certain claims only, the provisions of that subparagraph shall apply only to the said claims.” This means that…
Read MoreHow are amendments handled in the written opinion of the IPEA?
The handling of amendments in the written opinion of the International Preliminary Examining Authority (IPEA) is detailed in the MPEP. Key points include: Amendments filed during Chapter I proceedings and stamped “SUBSTITUTE SHEET (RULE 26)”, “RECTIFIED SHEET (RULE 91)”, and “INCORPORATED BY REFERENCE (RULE 20.6)” are considered originally filed/furnished pages and should be listed as…
Read MoreWhen is a further written opinion issued during international preliminary examination?
A further written opinion should be issued when: The applicant provides a persuasive argument that the written opinion from the International Searching Authority was improper regarding novelty, inventive step, or industrial applicability. The examiner considers any claims to lack novelty, inventive step, or industrial applicability based on new art not necessitated by amendments. According to…
Read MoreWhat is the significance of the first written opinion in international preliminary examination?
The first written opinion in international preliminary examination plays a crucial role in the PCT process. As stated in MPEP 1860: “If the written opinion of the International Searching Authority (ISA) is not treated as the first written opinion of the International Preliminary Examining Authority (IPEA) under PCT Rule 66.1bis, then the IPEA will establish…
Read MoreAre there fees associated with late submission of sequence listings in PCT applications?
Yes, there can be fees associated with the late submission of sequence listings in PCT applications. MPEP 1877 mentions: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late furnishing fee.” This indicates that if an…
Read MoreWhat actions should an examiner take if claims are unclear or inadequately supported?
According to MPEP 1874, if an examiner finds that claims are unclear or inadequately supported, they should take the following actions: Not proceed with the examination on those specific claims Inform the applicant of this opinion and provide reasons Check the appropriate box on the examination form The MPEP states: “The examiner should check the…
Read MoreCan additional Contracting States be elected after filing the initial demand for international preliminary examination?
Yes, additional Contracting States can be elected after filing the initial demand for international preliminary examination. According to MPEP 1864.03, which cites PCT Article 31(4)(a): “Additional Contracting States may be elected later. Election may relate only to Contracting States already designated under Article 4.” This provision allows applicants to: Expand their election after the initial…
Read MoreWhat is an “elected Office” in the context of PCT Demand notifications?
In the context of PCT Demand notifications, an “elected Office” refers to a national or regional patent office that the applicant has chosen (or “elected”) for potential patent protection through the international preliminary examination process. This concept is mentioned in MPEP 1869, which states: “Each elected Office shall be notified of its election.” Key points…
Read MoreWhat is a Demand for International Preliminary Examination?
A Demand for International Preliminary Examination is a request made by the applicant for their international patent application to undergo an international preliminary examination. According to MPEP 1865, “On the demand of the applicant, his international application shall be the subject of an international preliminary examination as provided in the following provisions and the Regulations.”…
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