What is the significance of the “date of receipt” in PCT national phase entry?
The “date of receipt” plays a crucial role in determining the commencement of the national stage for PCT applications entering the U.S. national phase. According to MPEP 1893.01: “The “date of receipt” is defined in PCT Rule 92.4 as the actual date of receipt of the required papers, or the next working day, in the…
Read MoreCan a Customer Number be used to appoint or revoke an agent in a PCT application?
No, a Customer Number cannot be used to appoint or revoke an agent in a PCT application during the international phase. This is an important distinction from national applications. Specifically: Appointment of an agent cannot be made by reference to a Customer Number in the international phase. Revocation of an agent’s appointment cannot be done…
Read MoreHow can inventorship be corrected in a national stage application?
The process for correcting inventorship in a national stage application depends on the international filing date of the application: For applications with an international filing date on or after September 16, 2012: Inventorship may be corrected under the procedure set forth in 37 CFR 1.48(a). The name of an inventor may be corrected or updated…
Read MoreHow many copies of an international patent application are required when filing with the United States Receiving Office?
When filing an international patent application with the United States Receiving Office, only one copy of the application is required. This is specified in MPEP 1812, which states: “Only one copy of the international application need be filed in the United States Receiving Office“ This requirement is based on 37 CFR 1.433(a), which governs the…
Read MoreWhat happens if an applicant doesn’t respond to a lack of unity invitation?
If an applicant fails to respond to an invitation to restrict claims or pay additional fees due to lack of unity of invention, the International Preliminary Examining Authority (IPEA) will proceed as follows: According to MPEP 1875, “The written opinion, if any, and international preliminary examination report must be established on the claims directed to…
Read MoreWhat happens if an International Searching Authority doesn’t establish a search report?
If an International Searching Authority (ISA) decides not to establish a search report for an international application, it doesn’t necessarily mean the end of the application process. According to MPEP 1843.02: “It is to be noted, nevertheless, that the lack of the international search report in such case will not have, in itself, any influence…
Read MoreWhat happens if I miss the 30-month deadline for national stage entry?
If you miss the 30-month deadline for national stage entry, your international application will be considered abandoned as to the United States. The MPEP states: “An international application becomes abandoned as to the United States thirty months from the priority date if the requirements of paragraph (b) of this section have not been complied with…
Read MoreWhat are the consequences of improper multiple dependent claims in PCT applications?
Improper multiple dependent claims in PCT applications can lead to significant consequences during the international search and examination process. According to MPEP 1843.03: “Further, the examiner may determine that a meaningful search cannot be carried out or that no meaningful opinion can be formed for improper multiple dependent claims (see PCT Rule 6.4(a)).” This means…
Read MoreWhere can I find complete information on U.S. PCT reservations and incompatibilities?
For comprehensive information on U.S. PCT reservations, declarations, notifications, and incompatibilities, you should refer to the International Bureau’s notice. As stated in MPEP 1803: “For complete PCT reservations, declarations, notifications and incompatibilities, please see the International Bureau’s notice published on the WIPO website at: www.wipo.int/pct/en/texts/reservations/res_incomp.html.” This resource provides the most up-to-date and comprehensive information on…
Read MoreWho is the “competent authority” for authorizing rectifications in a PCT application?
The “competent authority” for authorizing rectifications in a PCT application varies depending on the part of the application where the mistake is found. According to MPEP 1836: The Receiving Office if the mistake is in the request The International Searching Authority if the mistake is in the description, claims, or drawings (unless the International Preliminary…
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