How can I restore the right of priority in an international patent application?
To restore the right of priority in an international patent application, you need to submit a request under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR 1.78. These requests are decided by the Director of International Patent Legal Administration. According to MPEP 1002.02(p): “Requests under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR…
Read MoreDoes a restored right of priority apply in all national stage applications?
A restored right of priority in an international application does not necessarily apply in all national stage applications. MPEP 1828.01 states: “It should be noted that restoration of a right of priority to a prior application by the United States Receiving Office, or by any other receiving Office, under the provisions of PCT Rule 26bis.3,…
Read MoreWhat is the restoration of the right of priority in U.S. national stage applications?
Restoration of the right of priority allows applicants to claim priority to a foreign application or benefit of a provisional application filed more than 12 months before the international filing date. This applies to international applications filed on or after April 1, 2007. The MPEP states: “International applications filed on or after April 1, 2007…
Read MoreWhat is the restoration of the right of priority in international patent applications?
The restoration of the right of priority is a provision in the Patent Cooperation Treaty (PCT) that allows applicants to request the restoration of priority rights for international patent applications filed after the expiration of the 12-month priority period but within two months of that expiration. According to MPEP 1828.01, “If the international application has…
Read MoreWhat are the requirements for requesting restoration of the right of priority?
To request restoration of the right of priority for an international patent application, several requirements must be met. According to MPEP 1828.01: The request must be filed within two months from the expiration of the priority period. It must include a notice adding the priority claim if not already in the application. The petition fee…
Read MoreWhat are the requirements for filing a continuation or divisional of a PCT application in the US?
To file a continuation or divisional of a PCT application designating the United States, the following requirements must be met: The PCT application must be pending (not abandoned) at the time of filing the continuation or divisional. The continuation or divisional must be filed before the patenting, abandonment, or termination of proceedings on the PCT…
Read MoreWhat are the requirements for amending claims in a national phase application?
The requirements for amending claims in a national phase application include: A complete listing of all claims ever presented, including the text of all pending and withdrawn claims. Indicating the status of every claim after its claim number using specific identifiers. Proper markings to show changes in “currently amended” claims. As stated in the MPEP,…
Read MoreWhat information must be included in a reference to deposited biological material?
According to PCT Rule 13bis.3(a), a reference to deposited biological material must include: The name and address of the depositary institution The date of deposit of the biological material The accession number given to the deposit by the institution Any additional matter notified to the International Bureau, if applicable For U.S. requirements, additional information may…
Read MoreWhat are the required elements of an international patent application?
According to MPEP 1812, an international patent application must contain the following elements: Request Description Claim or claims Abstract One or more drawings (where necessary for understanding the invention) This is based on PCT Article 3(2) and PCT Article 7(2). The MPEP states: “Any international application must contain the following elements: request, description, claim or…
Read MoreHow can an applicant request early communication to an elected Office under PCT Article 40(2)?
MPEP 1881 outlines the process for an applicant to request early communication to an elected Office under PCT Article 40(2). The relevant part of MPEP 1881 states: “Where the applicant makes an express request to an elected Office under Article 40(2) prior to the international publication of the international application, the International Bureau shall, upon…
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