What happens if lack of unity of invention is found in a PCT application?

If the International Searching Authority finds that an international application lacks unity of invention, the following steps are taken according to MPEP 1850: The applicant is informed of the lack of unity of invention through a communication. The applicant is invited to pay additional search fees for the additional inventions. The invitation specifies the reasons…

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How does the IPEA obtain a copy of the priority document in PCT applications?

The International Preliminary Examining Authority (IPEA) can obtain a copy of the priority document in PCT applications through several means. MPEP 1870 outlines the process: “If the International Preliminary Examining Authority needs a copy of the earlier application whose priority is claimed in the international application, the International Bureau shall, on request, promptly furnish such…

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What are the differences in filing fees between national applications under 35 U.S.C. 111(a) and national stage applications under 35 U.S.C. 371?

The filing fees differ as follows: For national applications under 35 U.S.C. 111(a): These are subject to the national application filing fees set forth in 37 CFR 1.16. For national stage applications under 35 U.S.C. 371: These are subject to the national stage fees prescribed in 37 CFR 1.492. MPEP 1896 states: “U.S. national applications…

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How is the filing date determined for a national application under 35 U.S.C. 111(a) compared to a national stage application under 35 U.S.C. 371?

The filing date determination differs between these two types of applications: For a national application under 35 U.S.C. 111(a): The filing date is generally the date when a specification is received by the USPTO, as per 37 CFR 1.53(b). For a national stage application under 35 U.S.C. 371: The filing date is the international filing…

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When does an examiner require a copy or translation of the priority document in PCT applications?

An examiner may require a copy or translation of the priority document in PCT applications under specific circumstances. MPEP 1870 states: “A copy of the priority document and/or a translation thereof, if the priority document is not in English may be required by the examiner if necessary because of an intervening reference.” This means that…

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Is an English translation required for PCT applications entering the US national phase?

Yes, an English translation is required for PCT applications entering the US national phase if the international application was not filed in English. According to MPEP 1893.01(a)(1): “If the international application was filed in a language other than English, the applicant is required to submit a translation of the international application, as filed, into the…

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How does the “due care” criterion differ from the “unintentional” criterion in priority right restoration?

The “due care” criterion and the “unintentional” criterion are two different standards used by receiving Offices to assess requests for restoration of the right of priority. Here’s how they differ: Due Care Criterion: This is a stricter standard. It requires the applicant to demonstrate that they took all reasonable measures to ensure timely filing but…

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What are the main differences between a national application filed under 35 U.S.C. 111(a) and a national stage application submitted under 35 U.S.C. 371?

The main differences between a national application filed under 35 U.S.C. 111(a) and a national stage application submitted under 35 U.S.C. 371 include: Filing Date Priority Requirements Unity of Invention Filing Fees As stated in MPEP 1896: “The differences between a national application filed under 35 U.S.C. 111(a) and a national application submitted under 35…

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