What are the rules regarding the furnishing of samples of deposited biological material in PCT applications?
The furnishing of samples of deposited biological material in PCT applications is governed by PCT Rule 13bis.6 and national laws. Key points include: Furnishing of samples is generally delayed until the start of the national phase. This delay ends when the applicant takes steps to enter the national phase or when international publication has effects…
Read MoreHow should translations of Article 34 Amendments be formatted for the U.S. national stage?
When providing translations of Article 34 Amendments for the U.S. national stage, it’s crucial to format them in a way that allows for seamless integration with the original application. The MPEP 1893.01(a)(3) provides specific guidance: “Where an English translation of the annexes is provided, the translation must be such that the translation of the originally…
Read MoreWhat form should I use to withdraw my international patent application or designations?
To withdraw an international patent application, designations, or priority claims, you can use Form PCT/IB/372. This form is mentioned in MPEP 1859 and is designed to comply with the requirements of PCT Rule 90bis. The MPEP states: “Form PCT/IB/372 may be used by the applicant to make a withdrawal under any of PCT Rules 90bis.1,…
Read MoreWhen is a foreign filing license required for PCT applications?
A foreign filing license is not required to file an international application in the United States Receiving Office. However, it may be required before the applicant or the U.S. Receiving Office can forward a copy of the international application to a foreign patent office, the International Bureau, or other foreign authority. According to MPEP 1832,…
Read MoreWhat does a foreign filing license authorize in the context of PCT applications?
A foreign filing license in the context of PCT applications authorizes more than just the filing of an international application. According to MPEP 1832: “A foreign filing license also authorizes the export of technical data abroad for purposes related to the preparation, filing or possible filing, and prosecution of a foreign application.” Furthermore, effective September…
Read MoreWhere can I find the most up-to-date list of PCT Contracting States?
The most current list of PCT Contracting States can be found on the World Intellectual Property Organization (WIPO) website. The MPEP Section 1817 provides direct links to these resources: An updated list of PCT Contracting States is available from WIPO’s website ( www.wipo.int/pct/guide/en/gdvol1/annexes/annexa/ax_a.pdf or www.wipo.int/pct/en/pct_contracting_states.html ). You can access the list in two formats: PDF…
Read MoreHow can I file the required national stage documents with the USPTO?
The USPTO recommends filing the required national stage documents electronically. According to the MPEP: “It is preferable to file the required national stage items online using the EFS-Web system (further information regarding EFS-Web is available at www.uspto.gov/patents-application-process/file-online).” Alternatively, you can use the Priority Mail Express® mailing procedure set forth in 37 CFR 1.10. However, it’s…
Read MoreCan I file an international patent application directly with the International Bureau?
Yes, you can file an international patent application directly with the International Bureau as the Receiving Office, provided you meet certain criteria. The MPEP states: “Any applicant who is a resident or national of a PCT Contracting State may also file their application directly with the International Bureau as receiving Office.” This option can be…
Read MoreWhat is the filing date of a U.S. national stage application?
The filing date of a U.S. national stage application is the same as the international filing date of the PCT application. As stated in the MPEP, “the filing date of the international stage application is also the filing date for the national stage application.” This is based on 35 U.S.C. 363, which provides that “An…
Read MoreAre there fees associated with late submission of sequence listings in PCT applications?
Yes, there can be fees associated with the late submission of sequence listings in PCT applications. MPEP 1877 mentions: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late furnishing fee.” This indicates that if an…
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