Who can sign on behalf of a legal entity in an international patent application?
When signing an international patent application on behalf of a legal entity, certain individuals are presumed to have the authority to sign, as explained in MPEP 1820: “An officer (President, Vice-President, Secretary, Treasurer, Chief Executive Officer, Chief Operating Officer or Chief Financial Officer) of an organization is presumed to have authority to sign on behalf…
Read MoreWho can file an international patent application under the Patent Cooperation Treaty (PCT)?
Any resident or national of a Contracting State may file an international application under the Patent Cooperation Treaty (PCT). This includes individuals, corporate entities, or other concerns. As stated in the MPEP: Any resident or national of a Contracting State may file an international application. See PCT Article 9 and PCT Rule 18. The applicant…
Read MoreWhere can I find definitions related to the Patent Cooperation Treaty (PCT)?
Definitions related to the Patent Cooperation Treaty (PCT) can be found in several sources: PCT Article 2 and PCT Rule 2, which are available in MPEP Appendix T 35 U.S.C. 351, found in MPEP Appendix L 37 CFR 1.9 and 1.401, located in MPEP Appendix R PCT Administrative Instructions Section 101, available in MPEP Appendix…
Read MoreWhere can I file an international patent application in the United States?
International patent applications can be filed in the United States through the following methods: Electronically through the USPTO’s electronic filing system (EFS-Web) By mail to “Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450” In person at the Customer Service Window, USPTO Alexandria headquarters, addressed to “Mail Stop PCT” The USPTO states:…
Read MoreWhen can an applicant request a Supplementary International Search?
An applicant can request a Supplementary International Search (SIS) at any time before the expiration of 22 months from the priority date of the international application. This is specified in PCT Rule 45bis.1(a), which states: The applicant may, at any time prior to the expiration of 22 months from the priority date, request that a…
Read MoreWhen can an applicant file a Demand for international preliminary examination?
An applicant can file a Demand for international preliminary examination after filing an international application under Chapter I of the PCT. According to MPEP 1864: “Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty.”…
Read MoreWhen is international preliminary examination not required?
International preliminary examination may not be required in certain instances, as outlined in MPEP 1874. Specifically: When the subject matter claimed is not within the scope of what the International Preliminary Examining Authority is required to examine under the Regulations. When the description, claims, or drawings are so unclear that no meaningful opinion can be…
Read MoreWhen can a continuation-in-part (CIP) application be filed for a PCT application?
A continuation-in-part (CIP) application can be filed for a PCT application designating the United States during its pendency, before abandonment. However, it’s important to note that CIP applications are typically filed when applicants need to add new matter to the disclosure. The MPEP states: “Continuation-in-part applications are generally filed in instances where applicants seek to…
Read MoreWhen does the national stage of an international patent application commence?
The national stage of an international patent application commences upon expiration of 30 months from the priority date, unless the applicant makes an express request for early processing. Specifically: “Subject to 35 U.S.C. 371(f), the national stage shall commence with the expiration of the applicable time limit under PCT Article 22(1) or (2), or under…
Read MoreWhen are international patent applications published?
According to MPEP 1857, international patent applications are typically published 18 months after the priority date. However, there are exceptions: The applicant can request earlier publication. Publication may be delayed if the application is withdrawn or considered withdrawn before technical preparations for publication are completed. As stated in PCT Article 21(2)(a): Subject to the exceptions…
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