Can I obtain a regional patent through the PCT?
Yes, it is possible to obtain a regional patent through the Patent Cooperation Treaty (PCT) for certain regions. The MPEP specifically states: An updated list of PCT Contracting States for which a regional patent can be obtained via the PCT is available from the WIPO’s website ( www.wipo.int/pct/en/texts/reg_des.html ). This means that for some groups…
Read MoreWhat protection does 35 U.S.C. 121 provide to patent holders regarding improper joinder?
35 U.S.C. 121 provides significant protection to patent holders regarding improper joinder of inventions. According to MPEP 805, the statute states: “the validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.” This means that patent holders are protected from challenges to…
Read MoreHow are the rights of a nonsigning inventor protected in pre-AIA 37 CFR 1.47 applications?
The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i): “The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to…
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