What criteria must be met for the restoration of the right of priority in a PCT application?

For the restoration of the right of priority in a PCT application, two main criteria must be met, as outlined in MPEP 1828.01: Due Care Criterion: The failure to file the international application within the priority period occurred in spite of due care required by the circumstances having been taken. Unintentional Criterion: The failure to…

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What are the options for paying the basic national fee for a PCT application entering the U.S. national stage?

Applicants have multiple options for paying the basic national fee when a PCT application enters the U.S. national stage. According to MPEP 1893.01(c): “The basic national fee must be paid in U.S. dollars and in the amount set forth in 37 CFR 1.492(a) to avoid abandonment of the application. The basic national fee is due…

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What are the requirements for naming inventors in a PCT application?

When filing a PCT application, it’s important to correctly name the inventors. According to MPEP 1806: “The applicant shall, upon filing the international application, or when complying with Rule 4.17(iv) within the prescribed time limit, declare the inventor’s name and address, unless the inventor has died or is under legal incapacity.” This means that: Inventors…

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What are the recommended headings for a PCT application description?

According to MPEP 1823, the description in a PCT application should generally be divided into six parts with the following headings: Technical Field Background Art Disclosure of Invention Brief Description of Drawings Best Mode for Carrying Out the Invention (or Mode(s) for Carrying Out the Invention) Industrial Applicability (where applicable) The MPEP states: “Those parts…

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Why is it important to consider national practice when drafting a PCT application description?

Considering national practice, especially that of the United States, when drafting a PCT application description is crucial for several reasons: It helps avoid the need for amendments during the national phase. It ensures compliance with specific requirements of designated offices, such as the USPTO. It can save time and effort in the long run by…

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