How does the “main invention” concept apply in international patent applications?
The concept of “main invention” is crucial in cases where lack of unity of invention is found in an international patent application. According to MPEP 1875: “The main invention, in case of doubt, is the first claimed invention for which an international search report has been issued by the International Searching Authority. The main invention,…
Read MoreWhat is the “mailbox date” for international applications entering the national stage?
The “mailbox date” for international applications entering the national stage is an important concept in patent examination. According to MPEP 1893.01: “The “mailbox date” is the date of receipt of the national stage papers by the Office.” This date is significant because it determines whether the application has met the 30-month time limit for entering…
Read MoreWhat happens if an International Searching Authority finds a lack of unity of invention?
If an International Searching Authority (ISA) determines that an international application does not comply with the requirement of unity of invention, it may request additional fees from the applicant. According to MPEP 1840: “If the selected ISA considers that the international application does not comply with the requirement of unity of invention as set forth…
Read MoreWhat issues can prevent the formation of a meaningful opinion in international patent applications?
For international patent applications filed on or after January 1, 2004, several issues can prevent the formation of a meaningful opinion on novelty, inventive step (non-obviousness), or industrial applicability. According to PCT Rule 43bis.1(b) and PCT Rule 66.1(e), these issues include: Unclear description, claims, or drawings Claims inadequately supported by the description Improperly formatted nucleotide…
Read MoreWhat happens if an International Searching Authority (ISA) can’t perform a meaningful search on some claims?
If an International Searching Authority (ISA) determines that a meaningful search cannot be carried out for some claims, it will: Search the remaining claims of the international application Indicate the unsearched claims and reasons in Box No. II of the international search report (Form PCT/ISA/210) As stated in the MPEP: “Where only some of the…
Read MoreHow does the ISA handle inaccessible documents cited in an international application?
When an international application cites a document that is not published or accessible to the International Searching Authority (ISA), and this document is essential for understanding the invention, the ISA follows a specific procedure: The ISA may postpone the search The ISA requests that the applicant provide a copy of the document, if possible within…
Read MoreWhen might the ISA not establish an opinion on novelty, inventive step, and industrial applicability?
The International Searching Authority (ISA) may decide not to establish an opinion on novelty, inventive step, and industrial applicability for certain claims in specific circumstances. According to the MPEP, these circumstances include: The international application relates to subject matter for which the ISA is not required to establish a written opinion The description, claims, or…
Read MoreWhat is the significance of the International Preliminary Examination Report (IPER) in national stage examination?
The International Preliminary Examination Report (IPER) plays an important role in the national stage examination. According to the MPEP, “The examiner may adopt any portion or all of the report on patentability of the IPEA or ISA upon consideration in the national stage so long as it is consistent with U.S. practice. The first Office…
Read MoreWhen does the International Preliminary Examining Authority (IPEA) start the international preliminary examination?
The International Preliminary Examining Authority (IPEA) typically starts the international preliminary examination when it has received all necessary documents and fees. According to the MPEP: “The IPEA starts the international preliminary examination when it is in possession of the demand; the required fees; if the applicant is required to furnish a translation under PCT Rule…
Read MoreHow does the International Preliminary Examining Authority handle lack of unity of invention?
When the International Preliminary Examining Authority (IPEA) finds a lack of unity of invention, they typically follow these steps: Prepare and send an invitation to the applicant using Form PCT/IPEA/405 Request payment of additional fees or restriction of claims Identify the “main invention” to be examined if no additional fees are paid or restrictions made…
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