What is an “elected Office” in the context of PCT Demand notifications?
In the context of PCT Demand notifications, an “elected Office” refers to a national or regional patent office that the applicant has chosen (or “elected”) for potential patent protection through the international preliminary examination process. This concept is mentioned in MPEP 1869, which states: “Each elected Office shall be notified of its election.” Key points…
Read MoreWhat is the process for taking into account results of earlier searches in PCT applications?
The process for taking into account results of earlier searches in PCT applications involves the following steps: The applicant must request the International Searching Authority (ISA) to consider earlier search results under PCT Rule 4.12. The applicant must comply with PCT Rule 12bis.1 regarding the submission of earlier search results. The ISA will review the…
Read MoreAre design patents included in the Patent Cooperation Treaty (PCT)?
No, design patents are not included in the Patent Cooperation Treaty (PCT). This is explicitly stated in the Manual of Patent Examining Procedure (MPEP): “It is noted that design patent applications are not included in the Patent Cooperation Treaty (PCT), and the procedures followed for PCT international applications are not to be followed for design…
Read MoreWhat happens if an International Searching Authority doesn’t establish a search report?
If an International Searching Authority (ISA) decides not to establish a search report for an international application, it doesn’t necessarily mean the end of the application process. According to MPEP 1843.02: “It is to be noted, nevertheless, that the lack of the international search report in such case will not have, in itself, any influence…
Read MoreWhat are the consequences of improper multiple dependent claims in PCT applications?
Improper multiple dependent claims in PCT applications can lead to significant consequences during the international search and examination process. According to MPEP 1843.03: “Further, the examiner may determine that a meaningful search cannot be carried out or that no meaningful opinion can be formed for improper multiple dependent claims (see PCT Rule 6.4(a)).” This means…
Read MoreWhat are the common defects in a PCT Demand?
The most common defects in a PCT Demand are typically related to non-compliance with PCT Rules 53 and 55. These may include issues with: Identification of the international application Indication of applicant or agent Language requirements Signature requirements As stated in MPEP 1868: “The most common defects which result in the mailing of an invitation…
Read MoreHow does the clarity of claims affect the international search and examination process?
The clarity of claims plays a crucial role in the international search and examination process under the Patent Cooperation Treaty (PCT). MPEP 1843.03 highlights this importance: “If the International Searching Authority considers that the description, claims, or drawings are so unclear, or the claims are so inadequately supported by the description that no meaningful opinion…
Read MoreWhat should applicants consider when choosing an International Searching Authority?
When choosing an International Searching Authority (ISA), applicants should carefully consider the subject matter of their invention and the search policies of different ISAs. The MPEP 1843.02 advises: “The applicant considering the filing of an international application may be well advised not to file one if the subject matter of the application falls into one…
Read MoreWhat is the purpose of Box No. IV in the International Preliminary Examination Report?
Box No. IV in the International Preliminary Examination Report (IPER) addresses the issue of unity of invention. According to MPEP 1879: “Box No. IV is to be completed if the examiner found that the requirement of unity of invention is not fulfilled.” The purpose of Box No. IV is to: Indicate whether the requirement of…
Read MoreHow do amendments affect the start of international preliminary examination?
Amendments can affect the start of international preliminary examination in several ways, as outlined in MPEP 1879.01: If amendments under Article 19 are to be considered, the examination won’t start until the International Preliminary Examining Authority receives a copy of these amendments. If the applicant indicates that the start should be postponed (Rule 53.9(b)), the…
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