How does an examiner determine if an application lacks unity of invention?
An examiner determines if an application lacks unity of invention by assessing whether the claims are directed to a single general inventive concept. The MPEP 1875.01 provides guidance on this process: “The examiner must also specify, on Form PCT/IPEA/405, at least one group or groups of claims which, if elected, would comply with the requirement…
Read MoreCan a designated Office refuse to recognize the restoration of the right of priority in a PCT application?
Yes, a designated Office can refuse to recognize the restoration of the right of priority in a PCT application under certain circumstances. MPEP 1828.01 provides guidance on this matter: “A designated Office may, subject to Rule 82ter.1(c), refuse to recognize the restoration if it finds that a requirement for restoration under Rule 26bis.3(a), (b)(i) or…
Read MoreHow can an applicant correct errors in a priority claim for a PCT application?
An applicant can correct errors in a priority claim for a PCT application in the following ways: Before international publication: The applicant can submit a notice to the International Bureau to add or correct a priority claim. This must be done within 16 months from the priority date or 4 months from the international filing…
Read MoreWhat are the consequences of not paying the required national fee for a PCT application entering the U.S. national stage?
If an applicant fails to pay the required national fee for a PCT application entering the U.S. national stage, there can be serious consequences. According to MPEP 1893.01(c): “If the basic national fee is not paid during the international stage and on or before the date of entry into the national stage, the basic national…
Read MoreWhat happens if the basic national fee is not paid by 30 months from the priority date?
If the basic national fee is not paid by 30 months from the priority date, the application will be considered withdrawn. According to MPEP 1893.01(a)(1): “Failure to timely pay the basic national fee and submit a copy of the international application (if necessary) will result in abandonment of the application.” It’s crucial to ensure that…
Read MoreWhat happens if the priority document is not furnished in a PCT application?
If the priority document is not furnished in a PCT application, it can have serious consequences for the patent application. According to MPEP 1870: “If that copy is not furnished to the International Preliminary Examining Authority because the applicant failed to comply with the requirements of Rule 17.1, and if that earlier application was not…
Read MoreHow should chemical formulas be presented in a PCT application abstract?
How should chemical formulas be presented in a PCT application abstract? Chemical formulas in PCT application abstracts require specific formatting. The MPEP 1826 provides guidance on this: “Chemical formulas and tables may be included in the abstract. The abstract may not include other drawings or flow sheets.” When including chemical formulas in your abstract: Ensure…
Read MoreWhat is the “best mode” requirement in PCT applications?
The “best mode” requirement in PCT applications refers to the need to disclose the best way of carrying out the invention known to the inventor at the filing date. This requirement is particularly important for applications designating the United States. Key points include: It’s required by at least one designated office (the USPTO). It must…
Read MoreCan a petition to revive be filed for an abandoned national stage application?
Can a petition to revive be filed for an abandoned national stage application? Yes, a petition to revive can be filed for an abandoned national stage application. The MPEP 711.03(c) provides guidance on this matter: A petition under 37 CFR 1.137(a) to revive an abandoned national stage application must be accompanied by the fee set…
Read MoreWhat are the basic requirements for entering the national stage in the US?
What are the basic requirements for entering the national stage in the US? To enter the national stage in the United States, applicants must fulfill several basic requirements. According to the MPEP: File a copy of the international application (unless previously communicated by the International Bureau or waived) Submit an English language translation of the…
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