What is the late furnishing fee for sequence listings in PCT applications?
The late furnishing fee for sequence listings in PCT applications is determined by the International Searching Authority (ISA) and has the following characteristics: The fee is payable when the ISA invites the applicant to furnish a compliant sequence listing after the international filing date. The amount is determined by the ISA but cannot exceed 25%…
Read MoreWhat is Form PCT/ISA/203 and when is it used?
Form PCT/ISA/203 is a declaration used by the International Searching Authority (ISA) when it determines that no search report will be established for any of the claims in an international patent application. According to the MPEP: “If the examiner determines that none of the claims will be searched, the examiner declares that no search report…
Read MoreWhen is the international search report and written opinion typically established in a PCT application?
The establishment of the international search report and written opinion is a critical step in the PCT process. According to MPEP 1842: “As provided in PCT Rule 42 and PCT Rule 43bis, the time limit for establishing the international search report (or a declaration that no international search report will be established) and written opinion…
Read MoreWhat is an “earlier search” in the context of PCT applications?
An “earlier search” in the context of PCT applications refers to a previous international, international-type, or national search carried out by the same or another International Searching Authority (ISA) or by a national Office. Applicants can request the ISA to consider the results of these earlier searches when conducting the international search for their current…
Read MoreWhat is the relevance of the novelty definition to the written opinion of the International Searching Authority?
The novelty definition provided in PCT Article 33(2) is also applicable to the written opinion of the International Searching Authority. This is explicitly stated in PCT Rule 43bis.1(b), which states that the provisions of Article 33(2)-(6) apply mutatis mutandis to the written opinion. This means that when the International Searching Authority prepares its written opinion…
Read MoreWhat happens if an International Searching Authority finds a lack of unity of invention?
If an International Searching Authority (ISA) determines that an international application does not comply with the requirement of unity of invention, it may request additional fees from the applicant. According to MPEP 1840: “If the selected ISA considers that the international application does not comply with the requirement of unity of invention as set forth…
Read MoreWhen did the Korean Intellectual Property Office become an International Searching Authority for PCT applications?
The Korean Intellectual Property Office (KIPO) has been available as an International Searching Authority (ISA) for PCT applications since January 1, 2006. This applies to applications filed by U.S. nationals or residents in the U.S. Patent and Trademark Office (USPTO) as receiving Office or in the International Bureau (IB) as receiving Office. As stated in…
Read MoreWhere can I find additional information about KIPO as an International Searching Authority?
For additional information about the Korean Intellectual Property Office (KIPO) as an International Searching Authority (ISA), you can refer to two main sources: USPTO Official Gazette: This contains information on limitations or restrictions with KIPO as an ISA. PCT Applicant’s Guide (Annex D): This provides details on subject matter limitations, additional search fees, cited documents,…
Read MoreWho can use the Korean Intellectual Property Office as an International Searching Authority for PCT applications?
The Korean Intellectual Property Office (KIPO) is available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents. This applies to applications filed in two specific receiving offices: The U.S. Patent and Trademark Office (USPTO) as receiving Office The International Bureau (IB) as receiving Office As stated in MPEP 1840.02:…
Read MoreWhat is the role of the Japan Patent Office (JPO) as an International Searching Authority?
The Japan Patent Office (JPO) has been available as an International Searching Authority (ISA) for certain PCT applications since July 1, 2015. Specifically, the JPO can serve as an ISA for: PCT applications filed by U.S. nationals or residents Applications filed with the U.S. Patent and Trademark Office (USPTO) as receiving Office Applications filed with…
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