How are WIPO published applications treated under AIA 35 U.S.C. 102(a)(2)?

Under the AIA, WIPO published applications that designate the United States are treated as U.S. patent application publications for prior art purposes. This treatment applies regardless of: The international filing date Whether they are published in English Whether the PCT international application enters the national stage in the United States The MPEP states: The WIPO…

Read More

How is unity of invention assessed for nucleotide sequences in international patent applications?

For international patent applications filed under the Patent Cooperation Treaty (PCT) and national stage applications filed under 35 U.S.C. 371, the assessment of unity of invention for nucleotide sequences follows specific guidelines. MPEP 2434 directs examiners to: “See MPEP § 1850 for treatment of claims containing nucleotide sequences that lack unity of invention in international…

Read More

How are PCT application files handled in patent interferences?

The MPEP 2304.01(b) provides guidance on handling Patent Cooperation Treaty (PCT) application files in interference proceedings: “Generally, a separate application file for a Patent Cooperation Treaty (PCT) application is not required for according benefit because the PCT application is included in a national stage application file that is itself either the application involved in the…

Read More

How does the treatment of WIPO published applications differ under AIA compared to pre-AIA?

The treatment of WIPO published applications as prior art differs significantly under the AIA compared to pre-AIA law: Under AIA: All WIPO published applications designating the U.S. are treated as prior art, regardless of filing date, language, or national stage entry. Under pre-AIA: WIPO published applications had more restrictions to be considered prior art. The…

Read More

Who can use the ILPO as an International Searching Authority?

According to MPEP 1840.05, the Israel Patent Office (ILPO) is available as an International Searching Authority (ISA) for specific applicants: “…for PCT applications filed by U.S. nationals or residents in the U.S. Patent and Trademark Office (USPTO) as receiving Office or in the International Bureau (IB) as receiving Office.” This means that U.S. nationals or…

Read More