What is the format of an international publication number?
The international publication number for PCT applications follows a specific format, as described in PCT Administrative Instructions Section 404: It starts with the two-letter code “WO” Followed by a four-digit year of publication A slant (/) A six-digit serial number For example: “WO 2004/123456” This number is different from the international application number and is…
Read MoreHow does international publication affect patent rights in designated states?
The effects of international publication on patent rights in designated states are outlined in PCT Article 29. Key points include: The effects are generally the same as those provided by national law for compulsory national publication of unexamined applications. If the publication language differs from the national language, additional requirements may apply, such as translation…
Read MoreWho can serve as the International Preliminary Examining Authority (IPEA) for U.S. applicants?
For U.S. residents and nationals, the choice of International Preliminary Examining Authority (IPEA) depends on which office served as the International Searching Authority (ISA). According to MPEP 1865: The USPTO (IPEA/US) will serve if the USPTO, EPO, KIPO, IP Australia, Rospatent, ILPO, JPO or IPOS served as the ISA. KIPO or Rospatent can be chosen…
Read MoreWhat are the major functions of the International Preliminary Examining Authority?
The International Preliminary Examining Authority (IPEA) has several key functions in the patent examination process under the Patent Cooperation Treaty (PCT). According to 37 CFR 1.416(c) in MPEP 1862, the major functions include: Receiving and checking for defects in the Demand Forwarding Demands in accordance with PCT Rule 59.3 Collecting fees (handling fee for the…
Read MoreWhat is the time limit for preparing the international preliminary examination report?
The time limit for preparing the international preliminary examination report is specified in MPEP 1879.01, which states: “The time limit for establishing the international preliminary examination report shall be whichever of the following periods expires last: (i) 28 months from the priority date; or (ii) six months from the time provided under Rule 69.1 for…
Read MoreWhat is the nature of the international preliminary examination report issued by the IPEA?
The international preliminary examination report issued by the International Preliminary Examining Authority (IPEA) has a specific nature and purpose in the patent examination process. According to 37 CFR 1.416(c)(6) in MPEP 1862, the report is described as: “a nonbinding opinion on the questions whether the claimed invention appears to be novel, to involve inventive step…
Read MoreWhat is the International Preliminary Examination Report?
The International Preliminary Examination Report (IPER) is a document issued as part of the Patent Cooperation Treaty (PCT) process. It provides a preliminary and non-binding opinion on the patentability of an invention claimed in an international patent application. According to MPEP 1879.02, “The international preliminary examination report and its annexes, if any, are transmitted to…
Read MoreWhat subject matter is exempt from international search requirements?
According to MPEP 1843.02, certain subject matter is not required to be searched by International Searching Authorities. These include: Scientific and mathematical theories Plant or animal varieties or essentially biological processes for their production Schemes, rules, or methods of doing business, performing purely mental acts, or playing games Methods for treatment of the human or…
Read MoreWhat types of petitions are decided by the Director of International Patent Legal Administration?
The Director of International Patent Legal Administration decides various types of petitions related to international patent applications and national stage applications. These include: Petitions to withdraw notices of acceptance or filing receipts for national stage applications under 35 U.S.C. 371 Petitions for withdrawal of attorney or agent of record in PCT proceedings Petitions for access…
Read MoreWhat happens if an international patent application is filed without the applicant’s signature?
If an international patent application is filed without the applicant’s signature, it is considered a correctable defect. According to MPEP 1820: “The international application can be filed without applicant’s signature on the request. The lack of any required signature on the request is a correctable defect under PCT Article 14(1)(a)(i) and (b), and can be…
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