What is the role of the United States Patent and Trademark Office as an International Preliminary Examining Authority?
The United States Patent and Trademark Office (USPTO) serves as an International Preliminary Examining Authority (IPEA) for international patent applications. According to MPEP 1862, the USPTO “will act as an International Preliminary Examining Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by…
Read MoreCan Rospatent act as an International Preliminary Examining Authority?
Can Rospatent act as an International Preliminary Examining Authority? Yes, Rospatent can act as an International Preliminary Examining Authority (IPEA). The MPEP 1840.04 states: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) will act as an International Preliminary Examining Authority for the same range of international applications for which it acts as an International…
Read MoreWho has the authority to cancel elections in a PCT application?
According to MPEP 1880, which cites PCT Administrative Instructions Section 606, the International Preliminary Examining Authority (IPEA) has the authority to cancel certain elections ex officio. Specifically: The International Preliminary Examining Authority shall cancel ex officio: (i) the election of any State which is not a designated State; (ii) the election of any State not…
Read MoreHow do PCT Article 34 amendments differ from PCT Article 19 amendments?
How do PCT Article 34 amendments differ from PCT Article 19 amendments? PCT Article 34 and Article 19 amendments serve different purposes and are filed at different stages of the PCT process. While MPEP 1864.01 focuses on Article 34 amendments, it’s important to understand the distinction: PCT Article 19 amendments: Filed during the Chapter I…
Read MoreCan PCT Article 34 amendments introduce new matter?
Can PCT Article 34 amendments introduce new matter? PCT Article 34 amendments are subject to strict rules regarding the introduction of new matter. According to MPEP 1864.01: “No amendment may go beyond the disclosure in the international application as filed. (PCT Article 34(2)(b)).” This means: Amendments cannot introduce new subject matter not present in the…
Read MoreWhat is the deadline for submitting PCT Article 34 amendments?
What is the deadline for submitting PCT Article 34 amendments? The deadline for submitting PCT Article 34 amendments is crucial for applicants to understand. According to MPEP 1864.01: “Amendments filed under Article 34 are subject to the time constraints set forth in PCT Rule 66.1(b) which states that the applicant shall be given at least…
Read MoreWho is responsible for notifying the International Bureau about a filed Demand?
According to MPEP 1869, the responsibility for notifying the International Bureau about a filed Demand lies with the International Preliminary Examining Authority (IPEA). The MPEP states: “The International Preliminary Examining Authority, pursuant to PCT Rule 61, promptly notifies the International Bureau and the applicant of the filing of any Demand.” This means that: The IPEA…
Read MoreHow does the International Preliminary Examining Authority handle lack of unity of invention?
When the International Preliminary Examining Authority (IPEA) finds a lack of unity of invention, they typically follow these steps: Prepare and send an invitation to the applicant using Form PCT/IPEA/405 Request payment of additional fees or restriction of claims Identify the “main invention” to be examined if no additional fees are paid or restrictions made…
Read MoreCan the International Preliminary Examining Authority examine inventions not searched by the International Searching Authority?
No, the International Preliminary Examining Authority (IPEA) cannot examine inventions that were not previously searched by the International Searching Authority (ISA). As stated in MPEP 1875: “No international preliminary examination will be conducted on inventions not previously searched by an International Searching Authority (37 CFR 1.488(b)(2)).” This limitation ensures that the preliminary examination is based…
Read MoreWho can serve as the International Preliminary Examining Authority (IPEA) for U.S. applicants?
For U.S. residents and nationals, the choice of International Preliminary Examining Authority (IPEA) depends on which office served as the International Searching Authority (ISA). According to MPEP 1865: The USPTO (IPEA/US) will serve if the USPTO, EPO, KIPO, IP Australia, Rospatent, ILPO, JPO or IPOS served as the ISA. KIPO or Rospatent can be chosen…
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