How does the USPTO handle the abstract in national stage applications?
The USPTO’s handling of abstracts in national stage applications is as follows: If the international application is published in English, the USPTO will use the abstract as published in the pamphlet for the U.S. national stage application. The requirement in 37 CFR 1.52(b) for the abstract to start on a separate sheet does not apply…
Read MoreHow are sequence listings published in international applications?
Since August 2, 2001, WIPO has been publishing sequence listing parts of the description on the Internet. According to MPEP 1857: Sequence listings can be viewed and downloaded from the page containing the published international application. They are also available at WIPO’s Patentscope sequences page. The bibliographic page of a published international application includes the…
Read MoreCan the publication of an international application be prevented?
Generally, the publication of an international application is a standard part of the PCT process. However, there are limited circumstances under which publication can be prevented: Withdrawal of the application: If the applicant withdraws the international application before the technical preparations for international publication have been completed. Withdrawal of the designation: If all designations are…
Read MoreWhat is the relationship between PCT publication and U.S. publication?
The relationship between PCT publication and U.S. publication is defined in 35 U.S.C. 374, which states: The publication under the treaty defined in section 351(a), of an international application designating the United States shall be deemed a publication under section 122(b), except as provided in section 154(d). This means that the international publication of a…
Read MoreCan certain information be omitted from international publication?
Yes, certain information can be omitted from international publication under specific circumstances. According to PCT Rule 48.2(l), the International Bureau may omit information from publication upon a reasoned request by the applicant if it finds that: The information doesn’t obviously serve the purpose of informing the public about the international application; Publication would clearly prejudice…
Read MoreWhat documents are included in the publication of an international application?
The publication of an international application typically includes: A cover page with applicant/inventor data, application data, and the Abstract The description, claims, and drawing parts of the international application The search report (Form PCT/ISA/210), if available As stated in the MPEP, “The publication may also include other items as set forth in PCT Rule 48.”…
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