When is the international search report and written opinion typically established in a PCT application?
The establishment of the international search report and written opinion is a critical step in the PCT process. According to MPEP 1842: “As provided in PCT Rule 42 and PCT Rule 43bis, the time limit for establishing the international search report (or a declaration that no international search report will be established) and written opinion…
Read MoreWhen does international publication occur in a PCT application?
International publication is a key step in the PCT process, making the application publicly available. MPEP 1842 provides the following information: “Under PCT Article 21, the international publication of the international application by the International Bureau shall be effected promptly after the expiration of 18 months from the priority date of that application.” This means…
Read MoreWhat are the requirements for obtaining an international filing date under the PCT?
To obtain an international filing date under the Patent Cooperation Treaty (PCT), the following requirements must be met according to MPEP 1810 and PCT Article 11: The applicant must have the right to file with the receiving Office The application must be in the prescribed language The application must contain at least: An indication that…
Read MoreWhat is the PCT international application transmittal letter?
The PCT international application transmittal letter, Form PTO-1382, is a document used when filing PCT international applications and related documents with the United States Receiving Office. As stated in MPEP 1830: “A PCT international application transmittal letter, Form PTO-1382, is available for applicants to use when filing PCT international applications and related documents with the…
Read MoreHow does the Patent Cooperation Treaty (PCT) affect the examination of national stage applications?
The Patent Cooperation Treaty (PCT) significantly affects the examination of national stage applications in the following ways: It introduces the concept of unity of invention, which is different from the independent and distinct analysis used for non-PCT applications. National stage applications submitted under 35 U.S.C. 371 are subject to unity of invention analysis. Examiners must…
Read MoreHow does the PCT handle applications related to computer programs?
The Patent Cooperation Treaty (PCT) has specific provisions for handling applications related to computer programs. According to MPEP 1843.02, which cites PCT Rule 39: “No International Searching Authority shall be required to search an international application if, and to the extent to which, its subject matter is any of the following: … (vi) computer programs…
Read MoreWhat restrictions apply to applicants from non-PCT member states regarding the election of Contracting States?
Applicants from non-PCT member states face significant restrictions regarding the election of Contracting States under Chapter II of the PCT. According to MPEP 1864.03: “The Assembly has taken no action to allow persons who are residents or nationals of a State not party to the PCT or not bound by Chapter II to make a…
Read MoreWho has the authority to cancel elections in a PCT application?
According to MPEP 1880, which cites PCT Administrative Instructions Section 606, the International Preliminary Examining Authority (IPEA) has the authority to cancel certain elections ex officio. Specifically: The International Preliminary Examining Authority shall cancel ex officio: (i) the election of any State which is not a designated State; (ii) the election of any State not…
Read MoreWhat is an “earlier search” in the context of PCT applications?
An “earlier search” in the context of PCT applications refers to a previous international, international-type, or national search carried out by the same or another International Searching Authority (ISA) or by a national Office. Applicants can request the ISA to consider the results of these earlier searches when conducting the international search for their current…
Read MoreHow does a PCT Demand differ from a PCT Request?
The PCT Demand and PCT Request are distinct processes within the Patent Cooperation Treaty. According to MPEP 1864: “The use of the term ‘Demand’ distinguishes Chapter II from the ‘Request’ under Chapter I.” Key differences include: A Request is filed under Chapter I and initiates the international application process A Demand is filed under Chapter…
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