How do I submit a Sequence Listing XML file for a national stage application?
How do I submit a Sequence Listing XML file for a national stage application? For national stage applications, you can submit the Sequence Listing XML file in one of two ways: With the initial submission: Include the Sequence Listing XML file with your initial submission documents. After the initial submission: Submit the Sequence Listing XML…
Read MoreHow does the publication of an international application affect the protest submission period?
The publication of an international application under the Patent Cooperation Treaty (PCT) does not affect the protest submission period for national stage applications. According to MPEP 1901.04: “Publication under the Patent Cooperation Treaty (PCT) by the World Intellectual Property Organization (WIPO) of an international application would not trigger the end of the 37 CFR 1.291(b)…
Read MoreWhen can a continuation-in-part (CIP) application be filed for a PCT application?
A continuation-in-part (CIP) application can be filed for a PCT application designating the United States during its pendency, before abandonment. However, it’s important to note that CIP applications are typically filed when applicants need to add new matter to the disclosure. The MPEP states: “Continuation-in-part applications are generally filed in instances where applicants seek to…
Read MoreCan the USPTO require new drawings in a national stage application?
Yes, the USPTO can require new drawings in certain circumstances. MPEP 1893.03(f) states: “However, the examiner does have the authority to require new drawings if the drawings were published without meeting all requirements under the PCT for drawings.” This means that if the published drawings do not comply with PCT standards, the examiner can request…
Read MoreHow does the USPTO handle the abstract in national stage applications?
The USPTO’s handling of abstracts in national stage applications is as follows: If the international application is published in English, the USPTO will use the abstract as published in the pamphlet for the U.S. national stage application. The requirement in 37 CFR 1.52(b) for the abstract to start on a separate sheet does not apply…
Read MoreWho can be an applicant for a U.S. National Stage Application?
For U.S. national stage applications with an international filing date on or after September 16, 2012, the applicant can be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (i.e., a person to whom the inventor is under an obligation to assign the invention) A person who…
Read MoreHow is unity of invention determined in national stage applications?
Unity of invention in national stage applications is determined according to PCT Rule 13 and 37 CFR 1.475. As stated in the MPEP, “unity of invention (not restriction practice pursuant to 37 CFR 1.141 – 1.146) is applicable in international applications (both Chapter I and II) and in national stage applications submitted under 35 U.S.C.…
Read MoreHow is the title of the invention determined for a U.S. national stage application?
The title of the invention for a U.S. national stage application is determined as follows: If there’s no application data sheet (ADS) or preliminary amendment changing the title, the USPTO will use: The title from the first page of the description in the published international application (if published in English under PCT Article 21), or…
Read MoreHow is the title of the invention determined for a national stage application?
The title of the invention for a national stage application is determined based on several factors. According to the MPEP, “In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description…
Read MoreHow are the search and examination fees calculated for U.S. national stage applications?
The search and examination fees for U.S. national stage applications are calculated based on the type of applicant and the international search authority (ISA) that conducted the international search. According to MPEP 1893.01(c): Search fee: “If the international search report was not prepared by the USPTO, the search fee must be paid on or before…
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