How does withdrawing a priority claim affect an international patent application?
Withdrawing a priority claim can have significant effects on an international patent application, as outlined in PCT Rule 90bis.3 and MPEP 1859: Priority claims can be withdrawn up to 30 months from the priority date. Withdrawal of a priority claim may change the priority date of the application. Time limits computed from the original priority…
Read MoreWhat is the effect of withdrawing a demand or election on the international application?
The effect of withdrawing a demand or election on an international application is explained in MPEP 1880, which cites PCT Article 37(4). The general rule is: Subject to the provisions of subparagraph (b), withdrawal of the demand or of the election of a Contracting State shall, unless the national law of that State provides otherwise,…
Read MoreWhat is the effect of appointing a new agent or common representative in a PCT application?
Appointing a new agent or common representative in a PCT application generally has the following effects: Appointing a new agent automatically revokes any earlier appointment of an agent, unless otherwise indicated. Appointing a new common representative automatically revokes any earlier appointment of a common representative, unless otherwise indicated. This is specified in MPEP 1808, which…
Read MoreHow does early publication affect the restoration of the right of priority?
Early publication can impact the ability to restore the right of priority in an international patent application. According to MPEP 1828.01: “If the applicant makes a request for early publication under PCT Article 21(2)(b), any requirement under paragraph (b) of this section filed after the technical preparations for international publication have been completed by the…
Read MoreWhat is the process for taking into account results of earlier searches in PCT applications?
The process for taking into account results of earlier searches in PCT applications involves the following steps: The applicant must request the International Searching Authority (ISA) to consider earlier search results under PCT Rule 4.12. The applicant must comply with PCT Rule 12bis.1 regarding the submission of earlier search results. The ISA will review the…
Read MoreWhat documents are not permitted to be filed by facsimile in international patent applications?
Certain documents are not permitted to be filed by facsimile transmission in international patent applications. The MPEP section 1834.01 clearly states: “It should be noted that a facsimile transmission of a document is not permitted and, if submitted, will not be accorded a date of receipt if the document is: (A) Required by statute to…
Read MoreWhat is the difference between a 35 U.S.C. 111(a) application and a 35 U.S.C. 371 national stage application?
The key difference lies in the filing process and requirements: 35 U.S.C. 111(a) application: A direct U.S. patent application. 35 U.S.C. 371 national stage application: Enters the U.S. national stage from an international PCT application. The MPEP states: “If the initial submission does not include any indication that the submission is made under 35 U.S.C.…
Read MoreWhat are Designated Offices (DO) and Elected Offices (EO) in the PCT system?
Designated Offices (DO) and Elected Offices (EO) are national or regional patent offices that process international applications in the national phase of the PCT procedure. According to the MPEP, The designated Office is the national Office (for example, the USPTO) acting for the state or region designated under Chapter I. Similarly, the elected Office is…
Read MoreWhat is a Demand for International Preliminary Examination?
A Demand for International Preliminary Examination is a request made by the applicant for their international patent application to undergo an international preliminary examination. According to MPEP 1865, “On the demand of the applicant, his international application shall be the subject of an international preliminary examination as provided in the following provisions and the Regulations.”…
Read MoreWhen should a Demand for International Preliminary Examination be filed?
According to MPEP 1865, the Demand must be filed prior to the expiration of whichever of the following periods expires later: (A) three months from the date of transmittal to the applicant of the international search report and the written opinion; or (B) 22 months from the priority date. The MPEP also notes: “In order…
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