How is inventorship determined in a national stage application?
The determination of inventorship in a national stage application depends on the international filing date: For applications with an international filing date on or after September 16, 2012: According to 37 CFR 1.41(e), the inventorship is: The inventor or joint inventors set forth in an application data sheet filed with the initial submission under 35…
Read MoreWhat are the requirements for the inventor’s oath or declaration in a U.S. national stage application?
The requirements for the inventor’s oath or declaration in a U.S. national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: As per 37 CFR 1.497: The oath or declaration must comply with the requirements of 37 CFR 1.63 It can be postponed…
Read MoreWhat are the requirements for an inventor’s oath or declaration in a national stage application?
The requirements for an inventor’s oath or declaration in a national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: The inventor’s oath or declaration must comply with 37 CFR 1.497. For applications with an international filing date before September 16, 2012: The…
Read MoreHow are amendments made during the international phase handled in U.S. national stage applications?
Amendments made during the international phase are handled as follows in U.S. national stage applications: Amendments are included as annexes to the International Preliminary Examination Report (IPER). Different versions of the description, claims, and drawings may be present in the national stage application file due to extensive amendments. The IPER’s Box No. I “Basis of…
Read MoreHow are Information Disclosure Statements (IDS) handled in national stage applications?
Information Disclosure Statements (IDS) in national stage applications are handled similarly to domestic national applications, with some specific considerations for PCT documents. The MPEP states, “The examiner will consider the documents cited in the international search report and any supplementary international search report under PCT Rule 45bis, without any further action by applicant under 37…
Read MoreHow should I identify a national stage application when communicating with the USPTO?
When communicating with the USPTO regarding a national stage application, it’s important to use the correct identification information. The MPEP provides specific guidance: “Once an international application entering the U.S. national phase (“national stage application”) has been accorded a U.S. application number (the two digit series code followed by a six digit serial number), that…
Read MoreWhat is the filing date of a U.S. national stage application?
The filing date of a U.S. national stage application is the same as the international filing date of the PCT application. As stated in the MPEP, “the filing date of the international stage application is also the filing date for the national stage application.” This is based on 35 U.S.C. 363, which provides that “An…
Read MoreHow are drawings handled in national stage applications?
The handling of drawings in national stage applications is governed by PCT Rule 11 and U.S. drawing requirements. The MPEP states, “The USPTO may not impose drawing requirements during the examination of a national stage application beyond those imposed by the Patent Cooperation Treaty (e.g., PCT Rule 11).” However, the examiner can require new drawings…
Read MoreWhat documents are received from the International Bureau for a national stage application?
The national stage application includes several important documents received from the International Bureau, including: The publication of the international application, which includes the cover page, description, claims, drawings, and search report The International Preliminary Examination Report (IPER) or International Preliminary Report on Patentability (IPRP) The priority document Any notifications of withdrawal The MPEP states, “The…
Read MoreWhat is the difference between a 35 U.S.C. 111(a) application and a 35 U.S.C. 371 national stage application?
The key difference lies in the filing process and requirements: 35 U.S.C. 111(a) application: A direct U.S. patent application. 35 U.S.C. 371 national stage application: Enters the U.S. national stage from an international PCT application. The MPEP states: “If the initial submission does not include any indication that the submission is made under 35 U.S.C.…
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