Does the Sequence Listing XML requirement apply to international applications entering the national stage?
Yes, the Sequence Listing XML requirement applies to international applications entering the national stage based on their international filing date. The MPEP states: “As provided in 35 U.S.C. 363, the filing date of an international stage application is also the filing date for the national stage application filed under 35 U.S.C. 371. Accordingly, for applications…
Read MoreDoes a PCT application need to enter the national stage in the U.S. to be prior art under AIA?
No, a PCT application does not need to enter the national stage in the United States to be considered prior art under the AIA. The MPEP clearly states: Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes, regardless of…
Read MoreHow are PCT applications treated under the AIA provisions?
PCT applications are treated as follows under the AIA provisions: “A PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371 before or after March 16, 2013.“ This means that the filing…
Read MoreHow does national stage entry affect the application of pre-AIA or AIA rules for PCT applications?
The national stage entry of a PCT application does not change its status under pre-AIA or AIA rules. The MPEP clearly states: Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35…
Read MoreHow does the USPTO process notices of election for PCT applications?
The USPTO’s process for handling notices of election for PCT applications is described in MPEP 1881. The key points are: All notices of election are received by the Office of PCT Operations from the International Bureau. The Office of PCT Operations prepares the appropriate records of the election when a request for national stage entry…
Read MoreHow does the USPTO determine the date of commencement for national stage entry?
The USPTO determines the date of commencement for national stage entry based on specific criteria outlined in MPEP 1893.01. The section states: “For purposes of determining the date of commencement, all of the requirements of 35 U.S.C. 371(c)(1), (2), and (4) must have been complied with. Thus, the date of commencement is the international filing…
Read MoreWhat are the U.S. requirements for translations of the international preliminary examination report?
The United States has specific requirements for translations of the international preliminary examination report and its annexes. According to MPEP 1879.03: “The U.S. requires the final report and the annexes thereto to be in English. Translation of the annexes for national stage purposes is required pursuant to 35 U.S.C. 371(c)(5) and 37 CFR 1.495(e). Failure…
Read MoreWhat are the translation requirements for entering the U.S. national stage?
The translation requirements for entering the U.S. national stage are as follows: 1. If the international application was not filed in English and was not published under PCT Article 21(2) in English, a translation of the application into English is required. 2. For international applications with a filing date on or after July 1, 2022:…
Read MoreHow should translations of text in drawings be handled for PCT applications entering the U.S. national stage?
When translating text contained in drawings for PCT applications entering the U.S. national stage, applicants have two options according to the MPEP: “A translation of words contained in the drawings must be furnished either in the form of new drawings or in the form of a copy of the original drawings with the translation pasted…
Read MoreHow does a previously submitted translation for provisional rights affect the translation requirement for national stage entry?
A previously submitted translation for provisional rights can satisfy the translation requirement for national stage entry under certain conditions. The MPEP states: “A translation of the international application as filed and identified as provided in 37 CFR 1.417 submitted for the purpose of obtaining provisional rights pursuant to 35 U.S.C. 154(d)(4) can be relied on…
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