What is the difference between the “in spite of due care” and “unintentional” standards for priority restoration?
The PCT system recognizes two standards for restoring the right of priority: the “in spite of due care” standard and the “unintentional” standard. The United States, as a receiving office, only applies the “unintentional” standard. MPEP 1828.01 explains: “The International Bureau decides these matters under both the in spite of due care and unintentional standards.…
Read MoreHow does the restoration of the right of priority affect PCT time limits?
The restoration of the right of priority has a significant impact on PCT time limits, particularly the 30-month period for entering the national stage. According to MPEP 1828.01: “It should also be noted that regardless of the PCT Rule 26bis.3(j) and 49ter.1(g) status of any particular office, the priority date will still govern all PCT…
Read MoreCan the Priority Mail Express® procedure be used for filing papers in PCT applications?
Yes, the Priority Mail Express® procedure can be used for filing papers in PCT applications with the USPTO. According to MPEP 1834: “The Priority Mail Express® procedure set forth at 37 CFR 1.10 applies to papers filed with the U.S. Patent and Trademark Office (USPTO) in international applications. Accordingly, papers filed with the USPTO in…
Read MoreCan the priority document be used to support obvious mistake corrections in a PCT application?
No, the priority document (application) cannot be used to support obvious mistake corrections to the description, claims, or drawings in a PCT application. According to MPEP 1836: “Applicants often attempt to rely upon the priority application to establish a basis for obvious mistake. The priority document (application) cannot be used to support obvious mistake corrections…
Read MoreWhat is a priority document in international patent applications?
A priority document is an earlier application whose priority is claimed in an international patent application. It’s a crucial element in establishing the priority date for an invention. According to MPEP 1870, the International Preliminary Examining Authority may require a copy of this document: “If the International Preliminary Examining Authority needs a copy of the…
Read MoreHow is the priority claim handled in a U.S. national stage application?
The handling of priority claims in U.S. national stage applications involves specific procedures and requirements. The MPEP states, “To obtain priority in the U.S. national stage application to such applications, the priority must have been timely claimed in the international stage of the international application.” Priority claims are based on 35 U.S.C. 365(b) and must…
Read MoreCan I claim priority from an application filed in a non-Paris Convention country?
Yes, you can claim priority from an application filed in a country that is not party to the Paris Convention, as long as that country is a member of the World Trade Organization (WTO). The MPEP states: “Under PCT Rule 4.10, an applicant may claim the priority of an application filed in or for a…
Read MoreWhat is considered prior art for international preliminary examination?
According to MPEP 1878.01(a), prior art for international preliminary examination is defined in PCT Rule 64.1(a) as: “everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) … provided that such making available occurred prior to the relevant date.“ The relevant date is typically the…
Read MoreWhat constitutes prior art for international patent searches?
According to MPEP 1843.01, prior art for international patent searches consists of: Everything made available to the public worldwide by written disclosure (including drawings and illustrations) Content capable of assisting in determining if the claimed invention is new or involves an inventive step Disclosures made available to the public prior to the international filing date…
Read MoreWhat is considered prior art for international patent applications?
According to MPEP 1878.01(a), prior art for international patent applications is defined in PCT Rule 64.1(a) as: “everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) … provided that such making available occurred prior to the relevant date.” The ‘relevant date’ is generally the…
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