Can a design patent application claim benefit from a PCT application under 35 U.S.C. 120?
Yes, a design patent application can claim benefit from a PCT application under 35 U.S.C. 120, provided certain conditions are met: The PCT application must have designated the United States. The design must be fully disclosed in the PCT application in compliance with 35 U.S.C. 112(a). All other requirements for a proper benefit claim under…
Read MoreWhat happens if the basic national fee is not paid when entering the national stage?
If the basic national fee is not paid when entering the national stage, it can affect the commencement of the national stage application. According to MPEP 1893.01: “If the basic national fee is not paid during the international stage, the basic national fee must be paid within the time limit set in 37 CFR 1.495(c).”…
Read MoreWhat are the consequences of a lack of unity of invention in a PCT application?
When a lack of unity of invention is found in a PCT application, there can be several consequences, as outlined in MPEP 1893.03(d): Additional Fees: The applicant may be required to pay additional fees to have all inventions searched and examined. Limited Examination: If additional fees are not paid, the examination may be limited to…
Read MoreHow is an agent or common representative appointed in an international patent application?
According to MPEP 1807, the appointment of an agent, attorney, or common representative can be effected in several ways: In the Request form, signed by the applicant In the Demand form, signed by the applicant In a separate power of attorney submitted to the United States Receiving Office or the International Bureau The MPEP cites…
Read MoreCan I request prioritized examination for a PCT application entering the national stage?
Prioritized examination is not directly available for PCT applications entering the national stage under 35 U.S.C. 371. However, there are two alternative approaches: File a request for continued examination (RCE) after national stage entry and then request prioritized examination for the RCE. File a bypass continuation application under 35 U.S.C. 111(a) claiming priority to the…
Read MoreHow does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications?
How does the prior art exception under 35 U.S.C. 102(b)(2)(C) affect PCT applications? The prior art exception under 35 U.S.C. 102(b)(2)(C) has specific implications for PCT applications. The MPEP 717.02(a) states: “The U.S. patent document that resulted from a PCT application filed before March 16, 2013, is available as prior art under 35 U.S.C. 102(e)…
Read MoreWho can represent applicants in international patent applications?
According to MPEP 1807, applicants of international applications can be represented by: Attorneys or agents registered to practice before the United States Patent and Trademark Office An applicant appointed as a common representative The MPEP states: “Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent…
Read MoreWhat is a designated office in patent applications?
A designated office is a national patent office of a country that has been ‘designated’ by an applicant in an international patent application filed under the Patent Cooperation Treaty (PCT). In the context of MPEP 602.07, the United States Patent and Trademark Office (USPTO) acts as a designated office when an applicant enters the national…
Read MoreCan a national patent office publish information about an international application before international publication?
A national patent office may inform third parties that it has been designated in an international application and publish that fact. However, the publication can only contain limited bibliographic data, as specified in PCT Article 30(2)(b): “Such information or publication may, however, contain only the following data: identification of the receiving Office, name of the…
Read MoreWhat is the confidential nature of international patent applications under the Patent Cooperation Treaty (PCT)?
International patent applications filed under the PCT are generally kept confidential and not made publicly available before international publication, which occurs soon after the expiration of 18 months from the priority date, according to PCT Article 21(2)(a). The International Bureau and International Searching Authorities are not allowed to give access to the application to any…
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