What are the requirements for the certified copy of the foreign priority application?
A certified copy of the foreign application must be filed within the time period set in 37 CFR 1.55, which is the later of four months from the filing date of the US application or sixteen months from the foreign application filing date. The certified copy requirement will be considered satisfied in a national stage…
Read MoreWhat happens if a certified copy of the priority document is not filed within the time limit in a U.S. national stage application?
If a certified copy of the priority document is not filed within the time limit in a U.S. national stage application, the following consequences may occur: The right to priority may be lost if the certified copy is not filed within the time period set in 37 CFR 1.55. However, if the certified copy is…
Read MoreHow are references from the international search report considered in a PCT national stage application?
In a PCT national stage application, the examiner will consider all U.S. patents, U.S. patent application publications, and U.S. pending applications cited in the international search report that are stored electronically in the USPTO’s Image File Wrapper (IFW) system. As stated in MPEP 609.03: “The examiner will consider other documents cited in the international search…
Read MoreHow can applicants ensure references from the international search report are printed on the resulting patent?
To ensure that references from the international search report are printed on the resulting patent, applicants must provide a separate listing of these references. According to MPEP 609.03: “In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for…
Read MoreDo applicants need to provide a separate listing of references cited in the international search report?
Generally, applicants do not need to provide a separate listing of references cited in the international search report for a PCT national stage application. According to MPEP 609.03: “There is no requirement that the examiner list the documents on a PTO-892 form and there is no requirement for the applicant to provide a separate listing…
Read MoreWhat are the time limits for claiming priority in a national stage application under 35 U.S.C. 371?
In a national stage application under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT. According to 37 CFR 1.55(d)(2), this is the general rule, with some exceptions provided in paragraph (e) of the same section. The MPEP states:…
Read MoreWhat are the differences in IDS requirements for U.S. national stage applications derived from international applications?
For U.S. national stage applications derived from international applications, there are specific requirements for submitting Information Disclosure Statements (IDSs). The MPEP states: “When filing a continuing application that claims benefit under 35 U.S.C. 120 to an international application that designated the U.S. (see MPEP § 1895), it will be necessary for the applicant to submit…
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