How can I prevent the international publication of my patent application?
Preventing the international publication of a patent application is possible through timely withdrawal, as described in MPEP 1859 and PCT Rule 90bis. Here are the key points: Withdraw the entire international application before the completion of technical preparations for publication. Submit a notice of withdrawal to the International Bureau, receiving Office, or International Preliminary Examining…
Read MoreWhat are the permissible combinations of invention categories under unity of invention?
The unity of invention requirement allows certain combinations of invention categories in a single national stage application. According to MPEP 1893.03(d) and 37 CFR 1.475(b), the following combinations are considered to have unity of invention: A product and a process specially adapted for the manufacture of said product A product and a process of use…
Read MoreWhat are the time limits for withdrawing a demand or election in a PCT application?
According to MPEP 1880, which cites PCT Rule 90bis.4(a), the time limit for withdrawing a demand or election in a PCT application is as follows: The applicant may withdraw the demand or any or all elections at any time prior to the expiration of 30 months from the priority date. This 30-month period provides applicants…
Read MoreWhat are the requirements for signing a withdrawal of demand or election in a PCT application?
MPEP 1880 outlines specific requirements for signing a withdrawal of demand or election in a PCT application: Any withdrawal of the demand or any election must be sent to the International Bureau or to the International Preliminary Examining Authority, provided that the withdrawal is signed by all applicants in accordance with PCT Rule 90bis.5. Furthermore,…
Read MoreHow do kind codes differ between PCT and U.S. national stage applications?
Kind codes for PCT (Patent Cooperation Treaty) applications and U.S. national stage applications differ in their usage and meaning. The MPEP 901.04(a) provides the following information: For PCT applications: “A1” – PCT application published with the international search report “A2” – PCT application published without the international search report “A3” – PCT search report published…
Read MoreWhat information must be included in the PCT Request for U.S. designation?
For designating the United States in a PCT application, specific information must be included in the Request. According to MPEP 1821, the following is required: “For the purposes of the designation of the United States of America, an international application shall include: The name of the inventor; and A reference to any prior-filed national application…
Read MoreWhat is the process for electing states in an international patent application under PCT?
The process for electing states in an international patent application under the Patent Cooperation Treaty (PCT) is governed by MPEP 1864.03 and PCT Article 31. Key points include: The demand for international preliminary examination must indicate the Contracting States where the applicant intends to use the examination results (“elected States”). Additional states can be elected…
Read MoreWhat are the requirements for sequence listings in PCT applications filed on or after July 1, 2022?
For PCT applications filed on or after July 1, 2022, sequence listings must comply with WIPO Standard ST.26. The key requirements are: Sequence listings must be in a standardized electronic eXtensible Markup Language (XML) format, referred to as “Sequence Listing XML”. The sequence listing must be a separate part of the specification. Sequences in the…
Read MoreWhat happens if a PCT application lacks a required sequence listing during international preliminary examination?
If the International Preliminary Examining Authority (IPEA) finds that a PCT application requires a sequence listing but lacks one, they may take action. According to MPEP 1877: “If the International Preliminary Examining Authority finds that the international application contains disclosure of one or more nucleotide and/or amino acid sequences that, pursuant to the Administrative Instructions,…
Read MoreWhat is the late furnishing fee for sequence listings in PCT applications?
The late furnishing fee for sequence listings in PCT applications is determined by the International Searching Authority (ISA) and has the following characteristics: The fee is payable when the ISA invites the applicant to furnish a compliant sequence listing after the international filing date. The amount is determined by the ISA but cannot exceed 25%…
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