What 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…

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What 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…

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What 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…

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What 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phase application include: A complete listing of all claims ever presented, including the text of all pending and withdrawn claims.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,…

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What 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…

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What 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…

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How 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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