Can the applicant request early publication of an international application?
Can the applicant request early publication of an international application? Yes, the applicant can request early publication of an international application. According to MPEP 1857: “The applicant may request the International Bureau to publish the international application any time before the expiration of 18 months from the priority date; however, any such request must be…
Read MoreWhat happens if a Demand is filed with an incompetent International Preliminary Examining Authority?
If a Demand is filed with an International Preliminary Examining Authority that is not competent for the international preliminary examination of a particular international application, there is a safeguard process in place. According to MPEP 1865: “PCT Rule 59.3 provides a safeguard in the case of a Demand filed with an International Preliminary Examining Authority…
Read MoreWhat is the International Preliminary Report on Patentability (IPRP) and how is it used in national stage examination?
The International Preliminary Report on Patentability (IPRP) is a non-binding opinion on novelty, inventive step, and industrial applicability of an international application. There are two types: Chapter I IPRP: Prepared by the International Searching Authority (ISA) if no demand for international preliminary examination is filed. Chapter II IPRP: Prepared by the International Preliminary Examining Authority…
Read MoreHow should a Demand be filed with the USPTO?
According to MPEP 1865, Demands filed with the USPTO should preferably be submitted via the USPTO patent electronic filing system (e.g., EFS-Web) by registered e-filers. For those who are not registered users, other acceptable methods must be used. If mailed to the USPTO, the demand should be addressed to: Mailing address for delivery by the…
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