When should a Demand for International Preliminary Examination be filed?
According to MPEP 1865, the Demand must be filed prior to the expiration of whichever of the following periods expires later: (A) three months from the date of transmittal to the applicant of the international search report and the written opinion; or (B) 22 months from the priority date. The MPEP also notes: “In order…
Read MoreHow can defects in a PCT Demand be corrected?
Defects in a PCT Demand can be corrected following an invitation from the International Preliminary Examining Authority (IPEA). According to MPEP 1868: “If the demand does not comply with the requirements specified in Rules 53.1, 53.2(a)(i) to (iii), 53.2(b), 53.3 to 53.8 and 55.1, the International Preliminary Examining Authority shall invite the applicant to correct…
Read MoreWhat happens if an applicant fails to correct defects in a PCT Demand?
If an applicant fails to correct defects in a PCT Demand within the specified time limit, the demand is considered as if it had not been submitted. This is clearly stated in MPEP 1868, which cites PCT Rule 60.1(c): “If the applicant does not comply with the invitation within the time limit under paragraph (a),…
Read MoreWhat are the common defects in a PCT Demand?
The most common defects in a PCT Demand are typically related to non-compliance with PCT Rules 53 and 55. These may include issues with: Identification of the international application Indication of applicant or agent Language requirements Signature requirements As stated in MPEP 1868: “The most common defects which result in the mailing of an invitation…
Read MoreWhat are the benefits of filing a Demand under PCT Chapter II?
Filing a Demand under PCT Chapter II offers several benefits to applicants. As outlined in MPEP 1864: Examination of the application Opportunity to file amendments to the description, claims, and drawings Ability to correct defects and respond to observations Address negative findings regarding novelty, inventive step, or industrial applicability Potential to obtain a positive international…
Read MoreHow do Article 34 amendments differ from Article 19 amendments?
Article 34 amendments differ from Article 19 amendments in several ways: Article 34 amendments can be made to the claims, description, and drawings, while Article 19 amendments are limited to claims only. Article 34 amendments are made during the Chapter II examination phase, while Article 19 amendments are made during the Chapter I search phase.…
Read MoreHow do amendments affect the start of international preliminary examination?
Amendments can affect the start of international preliminary examination in several ways, as outlined in MPEP 1879.01: If amendments under Article 19 are to be considered, the examination won’t start until the International Preliminary Examining Authority receives a copy of these amendments. If the applicant indicates that the start should be postponed (Rule 53.9(b)), the…
Read MoreCan sequence listings be amended after the international filing date in PCT applications?
Sequence listings furnished after the international filing date are generally not considered part of the international application. However, amendments to sequence listings may be possible under certain conditions: Amendments can be made under PCT Article 34 if the applicant files a Demand for international preliminary examination. Any amendments must not go beyond the disclosure in…
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