When did the Israel Patent Office (ILPO) become an International Searching Authority?
The Israel Patent Office (ILPO) became available as an International Searching Authority (ISA) on October 1, 2014. As stated in the MPEP 1840.05: “Since October 1, 2014, the Israel Patent Office (ILPO) has been available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents in the U.S. Patent and…
Read MoreCan the requirement for a separate power of attorney be waived in international patent applications?
Yes, the requirement for a separate power of attorney can be waived in certain circumstances for international patent applications. According to MPEP 1807: “Pursuant to PCT Rules 90.4(d) and 90.5(c), which are applicable to international applications having an international filing date on or after January 1, 2004, the receiving Office, International Bureau, International Searching Authority…
Read MoreHow does the USPTO handle earlier search results from foreign offices in PCT applications?
The United States Patent and Trademark Office (USPTO), when acting as the International Searching Authority (ISA/US), handles earlier search results from foreign offices in PCT applications as follows: If the applicant has requested the ISA/US to consider earlier foreign search results. If a copy of the earlier search results and an English translation (if necessary)…
Read MoreHow does the USPTO determine the “date of commencement” for national stage applications?
The USPTO determines the “date of commencement” for national stage applications based on specific criteria. According to MPEP 1893.01: “For purposes of filing a national stage application under 35 U.S.C. 371, the date of commencement is the date of receipt of the national stage papers that include a specification (including claims), drawings (if necessary), and…
Read MoreHow does MPEP Chapter 800 address unity of invention for PCT applications?
MPEP Chapter 800 does not directly address unity of invention for PCT applications. Instead, it refers readers to MPEP Chapter 1800 for information on unity of invention under the Patent Cooperation Treaty. The introduction states: “The discussion of unity of invention under the Patent Cooperation Treaty Articles and Rules as it is applied as an…
Read MoreWhat types of documents are included in patent family information?
Patent family information encompasses a wide range of related patent documents. According to MPEP 901.07, these documents include: “…all patents and patent publications that are related to a particular patent document.” Specifically, patent family information may include: Issued patents in various countries Published patent applications Continuation applications Divisional applications Continuation-in-part applications PCT (Patent Cooperation Treaty)…
Read MoreWhat is the significance of MPEP 1802 for PCT applications?
MPEP 1802 is significant for PCT applications because it provides crucial information about definitions used in the Patent Cooperation Treaty (PCT) process. This section serves as a guide to locate various sources of PCT-related definitions, which are essential for understanding and correctly interpreting PCT regulations and procedures. As stated in MPEP 1802: “The PCT contains…
Read MoreWhat is the “same or corresponding special technical features” requirement in unity of invention?
The “same or corresponding special technical features” requirement in unity of invention refers to the technical relationship among the inventions involving one or more of the same or corresponding special technical features. According to MPEP 1893.03(d): “The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed…
Read MoreWhat is the relationship between Rospatent and the USPTO for PCT applications?
What is the relationship between Rospatent and the USPTO for PCT applications? Rospatent and the USPTO have a cooperative relationship for PCT applications. According to MPEP 1840.04: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) has agreed to conduct international searches and prepare international search reports for international applications filed with the United States…
Read MoreWho can use Rospatent as an International Searching Authority for PCT applications?
According to the MPEP, Rospatent is available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents. Specifically, it states that Rospatent is available 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)…
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