What 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…

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How 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…

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How 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…

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What 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,…

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