What form should be used to file a Demand for international preliminary examination?
To file a Demand for international preliminary examination, applicants should use Form PCT/IPEA/401. As stated in MPEP 1864: “The demand should be filed on Form PCT/IPEA/401 along with the fee calculation sheet.” The MPEP also provides information on where to obtain the form: “The form is available free of charge on WIPO’s website at www.wipo.int/pct/en/forms/index.html.”…
Read MoreWho has the right to file a demand for international preliminary examination under the PCT?
According to MPEP 1864.02, the right to file a demand for international preliminary examination is governed by PCT Article 31(2) and PCT Rule 54. The key requirements are: The applicant must be a resident or national of a Contracting State bound by Chapter II of the PCT. The international application must have been filed with…
Read MoreWhat is the deadline for filing a demand for international preliminary examination in a PCT application?
The demand for international preliminary examination is an optional step in the PCT process that can provide additional benefits to applicants. MPEP 1842 outlines the deadline for filing this demand: “A demand for international preliminary examination must be filed prior to the expiration of whichever of the following periods expires later: (A) three months from…
Read MoreWhat is the process for withdrawing a demand or election in a PCT application?
The process for withdrawing a demand or election in a PCT application is outlined in MPEP 1880. According to PCT Article 37, “The applicant may withdraw any or all elections.” The withdrawal must be notified to the International Bureau, which will then notify the elected Office and the International Preliminary Examining Authority. PCT Rule 90bis.4…
Read MoreWhat are the requirements for correspondence in PCT applications?
According to MPEP 1834, correspondence in PCT applications must meet specific requirements: Any paper submitted during the international procedure must be accompanied by a letter identifying the international application, unless it’s already in the form of a letter. The letter must be signed by the applicant. If these requirements are not met, the applicant will…
Read MoreHow is correspondence addressed in PCT applications with multiple applicants?
The MPEP provides guidance on addressing correspondence in PCT applications with multiple applicants: If there’s a common agent appointed, correspondence is addressed to that agent or the first-mentioned agent. If no common agent is appointed, correspondence is addressed to the common representative at their indicated address. If the common representative has appointed agents, correspondence goes…
Read MoreWhat effect does a PCT application designating the US have on filing subsequent US applications?
A PCT application designating the United States has significant effects on filing subsequent U.S. applications. According to 35 U.S.C. 363, “An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark…
Read MoreHow should the title of invention be presented in a PCT application?
The title of invention in a PCT application is a crucial element that must meet specific requirements. According to MPEP 1821: “The Request must contain the title of the invention; the title must be short (preferably 2 to 7 words) and precise (PCT Rule 4.3). The title in Box No. I of the Request is…
Read MoreWhat happens if a PCT application lacks a compliant sequence listing?
If a PCT application lacks a compliant sequence listing, the following process may occur: The International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may invite the applicant to furnish a compliant sequence listing. The invitation will specify a time limit for response and may require payment of a late furnishing fee. If the…
Read MoreWhat is the purpose of the file reference in a PCT application?
The file reference in a PCT application serves as a unique identifier for the applicant or their agent. According to MPEP 1821: “The applicant or his/her agent may indicate a file reference in the box provided for this purpose on the first sheet of the Request form, on each page of the other elements of…
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