Is there a fee for rectifying obvious mistakes in a PCT application?
Generally, there is no fee for rectifying obvious mistakes in a PCT application. According to MPEP 1836: “Any such rectification is free of charge.” However, it’s important to note that while the rectification itself is free, there may be a fee associated with publishing a refused request for rectification. The MPEP states: “Where the competent…
Read MoreCan I use facsimile transmission to file an international patent application?
No, facsimile transmission cannot be used for filing an international patent application. The MPEP clearly states: “Facsimile transmission may not be used for the filing of an international application, the filing of color drawings under 37 CFR 1.437, or the filing of a copy of the international application and the basic national fee to enter…
Read MoreWhat types of documents can be filed by facsimile in international patent applications?
Generally, most documents can be filed by facsimile transmission in international patent applications, with some exceptions. The MPEP states: “Generally, any paper may be filed by facsimile transmission with certain exceptions which are identified in 37 CFR 1.6(d).” Specifically, you can submit the following by fax: Substitute sheets (other than color drawings) Extensions of time…
Read MoreWhat are examples of rectifiable obvious mistakes in a PCT application?
According to MPEP 1836, examples of obvious mistakes that are rectifiable in a PCT application include: Linguistic errors Spelling errors Grammatical errors These errors can be rectified as long as the meaning of the disclosure does not change upon entry of the rectification. The MPEP states: “Examples of obvious mistakes that are rectifiable include linguistic…
Read MoreWhat is the examiner’s role in identifying mistakes in international patent applications?
While examiners are not primarily responsible for discovering mistakes in international patent applications, they may bring errors to the applicant’s attention if they notice them. The MPEP 1876 states: “Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be…
Read MoreWhat options does an examiner have when unity of invention is lacking?
When an examiner at the International Preliminary Examining Authority (IPEA) determines that unity of invention is lacking, they have two main options: Invite the applicant to restrict the claims or pay additional examination fees. Choose not to invite the applicant and proceed with the examination. MPEP 1875 states: “There are cases of lack of unity…
Read MoreWhat actions should an examiner take if claims are unclear or inadequately supported?
According to MPEP 1874, if an examiner finds that claims are unclear or inadequately supported, they should take the following actions: Not proceed with the examination on those specific claims Inform the applicant of this opinion and provide reasons Check the appropriate box on the examination form The MPEP states: “The examiner should check the…
Read MoreWhen is an English translation required for a PCT application entering the U.S. national stage?
An English translation is required for a PCT application entering the U.S. national stage under the following conditions: The international application was filed in a language other than English The application was not published under PCT Article 21(2) in English This requirement is based on 35 U.S.C. 371(c)(2) and 37 CFR 1.495(c). As stated in…
Read MoreWho is eligible to file an international patent application with the USPTO?
The eligibility to file an international patent application with the United States Patent and Trademark Office (USPTO) as the Receiving Office is determined by the applicant’s nationality or residence. The MPEP states: “Only if at least one of the applicants is a resident or national of the United States of America may an international application…
Read MoreCan additional Contracting States be elected after filing the initial demand for international preliminary examination?
Yes, additional Contracting States can be elected after filing the initial demand for international preliminary examination. According to MPEP 1864.03, which cites PCT Article 31(4)(a): “Additional Contracting States may be elected later. Election may relate only to Contracting States already designated under Article 4.” This provision allows applicants to: Expand their election after the initial…
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