How does the entry into the national stage affect the applicable patent laws for PCT applications?
The entry into the national stage does not change the applicable patent laws for PCT applications. According to MPEP 2159.01: “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 U.S.C. 371…
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 MoreWhat is required for foreign benefit applications in patent proceedings?
For foreign benefit applications or Patent Cooperation Treaty (PCT) applications not filed in English, a certified translation is required. This requirement is specified in MPEP 2304.01(c), which states: “A certified translation of every foreign benefit application or Patent Cooperation Treaty (PCT) application not filed in English is required. See 35 U.S.C. 119(b)(3) and 372(b)(3) and…
Read MoreHow does unity of invention practice differ between national applications under 35 U.S.C. 111(a) and national stage applications under 35 U.S.C. 371?
The unity of invention practice differs as follows: For national applications under 35 U.S.C. 111(a): These are subject to U.S. restriction practice under 37 CFR 1.141-1.146. For national stage applications under 35 U.S.C. 371: These are subject to unity of invention practice under 37 CFR 1.475 and 1.499. MPEP 1896 states: “U.S. national applications filed…
Read MoreHow does unity of invention apply to nucleotide sequences?
Unity of invention for nucleotide sequences in PCT applications is addressed specifically in MPEP 1850. The key points are: Nucleotide sequences encoding the same protein are considered to satisfy the unity of invention standard and will continue to be examined together. This is an exception to the general rule that requires “one or more of…
Read MoreWhat are the acceptable combinations of claims that maintain unity of invention?
According to MPEP 1850, certain combinations of claims are considered to have unity of invention. As stated in 37 CFR 1.475(b), these combinations are: A product and a process specially adapted for the manufacture of said product A product and a process of use of said product A product, a process specially adapted for the…
Read MoreWhat is the time limit for furnishing a translation of the priority document in PCT applications?
When a translation of the priority document is required in PCT applications, there is a specific time limit for furnishing it. According to MPEP 1870: “If the application whose priority is claimed in the international application is in a language other than the language or one of the languages of the International Preliminary Examining Authority,…
Read MoreCan the unity of invention requirement be addressed over the phone?
Yes, the unity of invention requirement can be addressed over the phone in certain circumstances. This is known as telephonic restriction practice. According to MPEP 1875.01, telephone practice may be used if: The applicant or their legal representative has a USPTO deposit account They orally agree to charge additional fees to the account A complete…
Read MoreHow can I submit a certified copy of a priority document in a PCT application?
There are several ways to submit a certified copy of a priority document in a PCT application: File it with the international application at the receiving Office. Submit it to the International Bureau (IB) or the receiving Office within 16 months from the priority date. Request the receiving Office to prepare and transmit the certified…
Read MoreWhat are the requirements for restoring the right of priority in a PCT application?
To restore the right of priority in a PCT application, the following requirements must be met: The international application must have an international filing date that is later than the date on which the priority period expired but within two months from that date. The request for restoration must be filed with the receiving Office…
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