How does the restoration of the right of priority affect PCT time limits?
The restoration of the right of priority has a significant impact on PCT time limits, particularly the 30-month period for entering the national stage. According to MPEP 1828.01: “It should also be noted that regardless of the PCT Rule 26bis.3(j) and 49ter.1(g) status of any particular office, the priority date will still govern all PCT…
Read MoreWhat are the basic requirements to enter the national stage in the United States for a PCT application?
To enter the national stage in the United States for a PCT application, an applicant must fulfill the following basic requirements within 30 months from the priority date: Pay the basic national fee (see 37 CFR 1.492(a)) Ensure a copy of the international application has been received by the U.S. Designated or Elected Office (unless…
Read MoreWhat happens if I pay the basic national fee but omit other required items for national stage entry?
If you pay the basic national fee and provide the copy of the international application (if required) within the 30-month period, but omit other required items, the USPTO will send you a notice. According to the MPEP: “Where the basic national fee has been paid and the copy of the international application (if required) has…
Read MoreWhat are the deadlines for national stage entry in PCT applications?
The deadlines for entering the national stage in PCT applications can vary depending on whether the application is proceeding under Chapter I or Chapter II of the PCT. MPEP 1842 provides the following information: National Stage Entry Following PCT Chapter I “PCT Article 22(1) was amended, effective April 1, 2002, to specify that the national…
Read MoreCan the 30-month deadline for national stage entry be extended?
No, the 30-month deadline for national stage entry cannot be extended. The MPEP clearly states: “The thirty-month time period set forth in paragraphs (b), (c), (d), (e) and (h) of this section may not be extended.” (37 CFR 1.495(a)) This means that the basic national fee must be paid and the copy of the international…
Read MoreWhat are the options for paying the basic national fee for a PCT application entering the U.S. national stage?
Applicants have multiple options for paying the basic national fee when a PCT application enters the U.S. national stage. According to MPEP 1893.01(c): “The basic national fee must be paid in U.S. dollars and in the amount set forth in 37 CFR 1.492(a) to avoid abandonment of the application. The basic national fee is due…
Read MoreWhat is the deadline for submitting an English translation of a PCT application entering the U.S. national stage?
The deadline for submitting an English translation of a PCT application entering the U.S. national stage is typically 30 months from the priority date. However, if the translation is missing or defective, the USPTO provides a grace period. According to the MPEP: “If applicant has timely paid the basic national fee and submitted the copy…
Read MoreHow does the abandonment of a PCT application affect its status as a US application?
The abandonment of a PCT application designating the United States affects its status as a U.S. application in a specific way. According to 35 U.S.C. 371(d), “failure to timely comply with the requirements of 35 U.S.C. 371(c) ‘shall be regarded as abandonment… by the parties thereof….’“ This means that if the applicant fails to meet…
Read MoreHow does the Director of International Patent Legal Administration handle issues with international preliminary examination?
The Director of International Patent Legal Administration plays a crucial role in addressing issues related to international preliminary examination. Their responsibilities include: Deciding petitions to review the holding of lack of unity of invention in international applications Deciding petitions to review the refusal to enter the national stage in international applications MPEP 1002.02(p) states: “The…
Read MoreHow can I file the required national stage documents with the USPTO?
The USPTO recommends filing the required national stage documents electronically. According to the MPEP: “It is preferable to file the required national stage items online using the EFS-Web system (further information regarding EFS-Web is available at www.uspto.gov/patents-application-process/file-online).” Alternatively, you can use the Priority Mail Express® mailing procedure set forth in 37 CFR 1.10. However, it’s…
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