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…
Read MoreWhat 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…
Read MoreCan I file a PCT application without using the standard request form?
While it is strongly recommended to use the standard PCT request form (PCT/RO/101), there is some flexibility in how the request can be presented. According to MPEP 1821: “The request must be made on a standardized form (Form PCT/RO/101) or be presented as a computer printout complying with the Administrative Instructions. A file copy of…
Read MoreWhat are the requirements for submitting a priority document in a PCT application?
The requirements for submitting a priority document in a PCT application are as follows: The applicant must submit a certified copy of the earlier application whose priority is claimed (the priority document) to the International Bureau or the receiving Office. The priority document must be submitted within 16 months from the priority date. If the…
Read MoreWhat 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…
Read MoreWhat are the requirements for the description in a PCT application?
The description in a PCT application must meet specific requirements as outlined in MPEP 1823. The key requirements are: It must disclose the invention clearly and completely for a person skilled in the art to carry it out. It should start with the title of the invention as it appears in Box No. I of…
Read MoreWhat 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…
Read MoreWhat are the restrictions on content in a PCT application abstract?
What are the restrictions on content in a PCT application abstract? The PCT application abstract has specific content restrictions as outlined in MPEP 1826. The key restrictions include: “The abstract must not contain: (1) Statements on the alleged merits or value of the invention or on its speculative application; (2) References to persons except for…
Read MoreWhat are the language requirements for the abstract in a PCT application?
What are the language requirements for the abstract in a PCT application? The abstract in a PCT application must adhere to specific language requirements as outlined in the MPEP. According to MPEP 1826: “The abstract must be in the language of the international application as originally filed or, if the application is filed in a…
Read MoreWhy 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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