Can the certificate of mailing by first class mail procedure be used for PCT applications?
The certificate of mailing by first class mail procedure (37 CFR 1.8) cannot be used for filing papers during the international stage of PCT applications if the date of deposit is to be considered as the filing date. MPEP 1834 clearly states: “It is important to understand that the 37 CFR 1.8 certificate of mailing…
Read MoreCan an agent sign an international patent application?
Yes, an agent can sign an international patent application. According to MPEP 1820: “The international application may be signed by an agent.” However, there are specific requirements for patent practitioners acting as agents: “Pursuant to 37 CFR 1.34, a patent practitioner acting in a representative capacity must set forth his or her registration number on…
Read MoreWhat are the benefits of requesting a Supplementary International Search?
Requesting a Supplementary International Search (SIS) offers several benefits to PCT applicants: Reduced risk of new prior art: As stated in the MPEP, Requesting supplementary international search reduces the risk of new prior art being cited in the national phase. Expanded linguistic and technical scope: The MPEP notes, Requesting one or more supplementary international searches,…
Read MoreWhat are the benefits of filing a Demand under PCT Chapter II?
Filing a Demand under PCT Chapter II offers several benefits to applicants. As outlined in MPEP 1864: Examination of the application Opportunity to file amendments to the description, claims, and drawings Ability to correct defects and respond to observations Address negative findings regarding novelty, inventive step, or industrial applicability Potential to obtain a positive international…
Read MoreWhat are the basic requirements for an international patent application according to PCT Article 3(4)?
MPEP 1812 outlines the basic requirements for an international patent application as specified in PCT Article 3(4). These requirements are: The application must be in a prescribed language It must comply with the prescribed physical requirements It must comply with the prescribed requirement of unity of invention It must be subject to the payment of…
Read MoreHow do Article 34 amendments differ from Article 19 amendments?
Article 34 amendments differ from Article 19 amendments in several ways: Article 34 amendments can be made to the claims, description, and drawings, while Article 19 amendments are limited to claims only. Article 34 amendments are made during the Chapter II examination phase, while Article 19 amendments are made during the Chapter I search phase.…
Read MoreHow are Article 34 amendments handled in the US national stage application?
Article 34 amendments made during the international preliminary examination phase are handled as follows in the US national stage application: The amendments are annexed to the international preliminary examination report (IPER) by the International Preliminary Examining Authority. If the annexes are in English, they will normally be entered into the US national stage application unless…
Read MoreHow are Article 34 Amendments handled in the U.S. national stage application?
Article 34 Amendments are typically entered into the U.S. national stage application automatically, with some exceptions. The MPEP 1893.01(a)(3) states: “If these annexes are in English, they will normally be entered into the U.S. national stage application by the Office absent a clear instruction by the applicant that the annexes are not to be entered.”…
Read MoreCan Article 34 Amendments introduce new matter into the application?
No, Article 34 Amendments are not permitted to introduce new matter into the application. This is explicitly stated in MPEP 1893.01(a)(3): “The fact that an amendment made to the international application during the international phase was entered in the national stage application does not necessarily mean that the amendment is proper. Specifically, amendments are not…
Read MoreWhat are Article 34 Amendments in the context of international patent applications?
Article 34 Amendments are changes made to an international patent application during the international preliminary examination phase (Chapter II) under the Patent Cooperation Treaty (PCT). These amendments are filed with the International Preliminary Examining Authority (IPEA). According to MPEP 1893.01(a)(3), “Amendments to the international application that were properly made under PCT Article 34 during the…
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