What options does an examiner have when unity of invention is lacking?
When an examiner at the International Preliminary Examining Authority (IPEA) determines that unity of invention is lacking, they have two main options: Invite the applicant to restrict the claims or pay additional examination fees. Choose not to invite the applicant and proceed with the examination. MPEP 1875 states: “There are cases of lack of unity…
Read MoreWhat happens if an applicant doesn’t respond to a lack of unity invitation?
If an applicant fails to respond to an invitation to restrict claims or pay additional fees due to lack of unity of invention, the International Preliminary Examining Authority (IPEA) will proceed as follows: According to MPEP 1875, “The written opinion, if any, and international preliminary examination report must be established on the claims directed to…
Read MoreWhat happens if PCT Article 34 amendments are not properly filed?
What happens if PCT Article 34 amendments are not properly filed? Improperly filed PCT Article 34 amendments can have significant consequences. The MPEP 1864.01 provides guidance on this issue: “If the applicant files an amendment with the demand (PCT Article 34), the amendment shall be referred to in the appropriate place in the report (PCT…
Read MoreWho is responsible for indicating the authorized officer on the IPER transmittal form?
The International Preliminary Examining Authority is responsible for indicating the authorized officer on the IPER transmittal form. As stated in MPEP 1879.02: “The name of the authorized officer responsible for the international preliminary report must be indicated on the Form PCT/IPEA/416.” This requirement ensures accountability and provides a point of contact for any inquiries related…
Read MoreWhat are the requirements for representing applicants before international patent authorities?
The requirements for representing applicants before international patent authorities vary depending on the specific authority. According to MPEP 402.09 and 37 CFR 11.9(c): An individual not registered under § 11.6 may, if appointed by an applicant, prosecute an international patent application only before the United States International Searching Authority and the United States International Preliminary…
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