When are international patent applications published?
According to MPEP 1857, international patent applications are typically published 18 months after the priority date. However, there are exceptions: The applicant can request earlier publication. Publication may be delayed if the application is withdrawn or considered withdrawn before technical preparations for publication are completed. As stated in PCT Article 21(2)(a): Subject to the exceptions…
Read MoreWhat is the U.S. stance on international publication under the PCT?
The United States has declared that international publication is not required for PCT applications where the U.S. is the only designated state. This is based on PCT Article 64(3), which states: “Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will…
Read MoreWhen does international publication occur in a PCT application?
International publication is a key step in the PCT process, making the application publicly available. MPEP 1842 provides the following information: “Under PCT Article 21, the international publication of the international application by the International Bureau shall be effected promptly after the expiration of 18 months from the priority date of that application.” This means…
Read MoreWhat information is included in the front page of an international publication?
What information is included in the front page of an international publication? The front page of an international publication contains key bibliographic data. According to MPEP 1857, this includes: The international application number The international publication number The international publication date The applicant’s name The title of the invention The abstract The filing date The…
Read MoreWhat happens if the international application is withdrawn before international publication?
What happens if the international application is withdrawn before international publication? If an international application is withdrawn before international publication, it will not be published. The MPEP states: “If the international application is withdrawn or considered withdrawn before technical preparations for international publication have been completed, international publication will not occur.” This is specified in…
Read MoreWhat is the effect of international publication on patent rights?
The international publication of a PCT application has several important effects on patent rights: It establishes provisional protection in designated States, similar to the effect of national publication of a national application. In the United States, it confers the right to reasonable royalty protection under 35 U.S.C. 154(d). The published application can serve as prior…
Read MoreHow can an applicant correct errors in a priority claim for a PCT application?
An applicant can correct errors in a priority claim for a PCT application in the following ways: Before international publication: The applicant can submit a notice to the International Bureau to add or correct a priority claim. This must be done within 16 months from the priority date or 4 months from the international filing…
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