What is the purpose of Section 605 of the PCT Administrative Instructions?
Section 605 of the PCT Administrative Instructions outlines the file usage for International Preliminary Examination. Specifically, it states: “Where the International Preliminary Examining Authority is part of the same national Office or intergovernmental organization as the International Searching Authority, the same file shall serve the purposes of international search and international preliminary examination.” This means…
Read MoreWhat is the Request form in a PCT application?
The Request form (PCT/RO/101) is a standardized form used in filing an international patent application under the Patent Cooperation Treaty (PCT). According to MPEP 1821, “The Request must either be made on a standardized form PCT/RO/101 to be filled in with the required indications or be presented as a computer printout complying with the PCT…
Read MoreHow does the rectification of an obvious mistake affect the effective date of the PCT application?
The effect of rectifying an obvious mistake on the effective date of a PCT application depends on where the mistake occurs. According to MPEP 1836, which cites PCT Rule 91.3(c): “Where the rectification of an obvious mistake has been authorized, it shall be effective: (i) in the case of a mistake in the international application…
Read MoreWhat is the “priority date” in the context of the Patent Cooperation Treaty (PCT)?
The priority date is a crucial concept in the Patent Cooperation Treaty (PCT) system. According to MPEP 1842, “Time limits under the PCT are measured from the ‘priority date’ of the application.” The MPEP further explains: “The priority date for the purposes of computing time limits is defined in PCT Article 2(xi). Where an international…
Read MoreWhat is the process for notifying elected Offices of a PCT application’s election?
The process for notifying elected Offices of a PCT application’s election is outlined in MPEP 1881 and PCT Rule 61. The key steps are: The International Bureau (IB) is responsible for notifying elected Offices. The notification includes the application number, filing date, applicant name, priority claim details (if applicable), and the date the International Preliminary…
Read MoreWhat effect does a preliminary amendment have on fees in a PCT national stage application?
A preliminary amendment filed with the initial national stage submission can affect the fees due for a PCT national stage application. MPEP 1893.01(c) states: “A preliminary amendment accompanying the initial national stage submission under 35 U.S.C. 371 that is effective to cancel claims and/or eliminate multiple dependent claims will be effective to reduce the number…
Read MoreWhat additional fees may be required for late submission of documents in a PCT national stage application?
Late submission of certain documents in a PCT national stage application may incur additional fees. According to MPEP 1893.01(c): “The processing fee set forth in 37 CFR 1.492(i) will be required for acceptance of an English translation of the international application later than the expiration of thirty months after the priority date, and the surcharge…
Read MoreWhat are the key fees for entering the national stage of a PCT application in the United States?
The key fees for entering the national stage of a PCT application in the United States include: The basic national fee The search fee The examination fee The application size fee According to MPEP 1893.01(c), “The basic national fee must be paid prior to the expiration of 30 months from the priority date to avoid…
Read MoreCan an authorization to charge fees under 37 CFR 1.16 be used for national stage applications?
Yes, an authorization to charge fees under 37 CFR 1.16 can be used for national stage applications, even though these fees typically relate to national applications under 35 U.S.C. 111(a). MPEP 1893.01(c) explains: “An authorization to charge fees under 37 CFR 1.16 in an international application entering the national stage under 35 U.S.C. 371 will…
Read MoreWhat are the basic requirements to enter the national stage in the United States for a PCT application?
To enter the national stage in the United States for a PCT application, an applicant must fulfill the following basic requirements within 30 months from the priority date: Pay the basic national fee (see 37 CFR 1.492(a)) Ensure a copy of the international application has been received by the U.S. Designated or Elected Office (unless…
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