When does an examiner require a copy or translation of the priority document in PCT applications?
An examiner may require a copy or translation of the priority document in PCT applications under specific circumstances. MPEP 1870 states: “A copy of the priority document and/or a translation thereof, if the priority document is not in English may be required by the examiner if necessary because of an intervening reference.” This means that…
Read MoreHow does an examiner handle an intervening reference when a foreign priority claim is present?
When an examiner finds an intervening reference (a reference with an effective date between the foreign filing date and the U.S. filing date) and a foreign priority claim is present, the examiner follows these steps: If the certified copy of the priority papers has not been filed, the examiner rejects the claims that may be…
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