Can an authorization to charge fees under 37 CFR 1.16 be used for national stage applications?
Yes, an authorization to charge fees under 37 CFR 1.16 can be used for national stage applications, even though these fees typically relate to national applications under 35 U.S.C. 111(a). MPEP 1893.01(c) explains: “An authorization to charge fees under 37 CFR 1.16 in an international application entering the national stage under 35 U.S.C. 371 will…
Read MoreWhen is the deadline for paying the basic national fee for a PCT application entering the US national stage?
The deadline for paying the basic national fee for a PCT application entering the US national stage is 30 months from the priority date. This is a critical deadline that must be met to avoid abandonment of the application. As stated in MPEP 1893.01(c): “The basic national fee must be paid prior to the expiration…
Read MoreHow is the application size fee calculated for a PCT national stage application in the US?
The application size fee for a PCT national stage application in the US is calculated based on the international application as published by WIPO under PCT Article 21. MPEP 1893.01(c) provides specific details on this calculation: “The application size fee is calculated on the basis of the number of sheets of specification (including the description,…
Read MoreCan applicants choose not to enter Article 19 Amendments in the U.S. national stage?
Yes, applicants can choose not to enter Article 19 Amendments in the U.S. national stage. The USPTO provides a specific mechanism for this purpose. According to MPEP 1893.01(a)(2): “The “Transmittal Letter To The United States Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371″ (Form PTO-1390) available at www.uspto.gov/patent/patents-forms includes a check box by…
Read MoreWhat is the “mailbox date” for international applications entering the national stage?
The “mailbox date” for international applications entering the national stage is an important concept in patent examination. According to MPEP 1893.01: “The “mailbox date” is the date of receipt of the national stage papers by the Office.” This date is significant because it determines whether the application has met the 30-month time limit for entering…
Read MoreWhat causes an international application to become abandoned in the United States?
An international application becomes abandoned in the United States if the following requirements are not satisfied before the expiration of 30 months from the priority date: Submission of the basic national fee Submission of a copy of the international application (if necessary) As stated in MPEP 1893.02: “If the requirements for the submission of the…
Read MoreCan an applicant file amended drawings during the national stage?
Yes, an applicant can file amended drawings during the national stage. MPEP 1893.03(f) provides: “An applicant may file amended drawings in accordance with 37 CFR 1.84 and 1.121(d) during the national stage.” This allows applicants to make changes to their drawings while complying with USPTO rules for drawing standards and amendment procedures. To learn more:…
Read MoreWhen is an English translation required for a PCT application entering the U.S. national stage?
An English translation is required for a PCT application entering the U.S. national stage under the following conditions: The international application was filed in a language other than English The application was not published under PCT Article 21(2) in English This requirement is based on 35 U.S.C. 371(c)(2) and 37 CFR 1.495(c). As stated in…
Read MoreHow are Article 34 amendments handled in the US national stage application?
Article 34 amendments made during the international preliminary examination phase are handled as follows in the US national stage application: The amendments are annexed to the international preliminary examination report (IPER) by the International Preliminary Examining Authority. If the annexes are in English, they will normally be entered into the US national stage application unless…
Read MoreHow are Article 19 amendments handled in the US national stage application?
Article 19 amendments made during the international phase are handled as follows in the US national stage application: The amendments are forwarded to the US Designated Office by the International Bureau for inclusion in the national stage application. English language amendments will be entered by replacing the original claims with the amended claim set. If…
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