What does “anticipated by the prior art” mean in the context of novelty assessment?
In the context of novelty assessment for international patent applications, “anticipated by the prior art” refers to the situation where an invention is not considered novel because it has already been disclosed in the prior art. The PCT Article 33(2) states: “For the purposes of the international preliminary examination, a claimed invention shall be considered…
Read MoreHow do amendments affect the start of international preliminary examination?
Amendments can affect the start of international preliminary examination in several ways, as outlined in MPEP 1879.01: If amendments under Article 19 are to be considered, the examination won’t start until the International Preliminary Examining Authority receives a copy of these amendments. If the applicant indicates that the start should be postponed (Rule 53.9(b)), the…
Read MoreCan sequence listings be amended after the international filing date in PCT applications?
Sequence listings furnished after the international filing date are generally not considered part of the international application. However, amendments to sequence listings may be possible under certain conditions: Amendments can be made under PCT Article 34 if the applicant files a Demand for international preliminary examination. Any amendments must not go beyond the disclosure in…
Read MoreWhat are the requirements for amending claims in a US national stage application?
When amending claims in a US national stage application, applicants must follow these requirements: Provide a complete listing of all claims ever presented, including pending and withdrawn claims. Indicate the status of every claim using appropriate identifiers (e.g., Original, Currently Amended, Canceled). Include markings to show changes in currently amended claims (underlining for additions, strike-through…
Read MoreWhat happens if both an application data sheet and a preliminary amendment are submitted for a PCT national phase application?
When both an application data sheet (ADS) and a preliminary amendment are submitted for a PCT national phase application, the following rules apply: If the ADS and preliminary amendment are filed at different times, the later filed document will govern. As stated in the MPEP: If applicant submits both an application data sheet and a…
Read MoreWhat types of signatures are accepted for international patent applications?
The United States Receiving Office accepts two types of signatures for international patent applications, as outlined in MPEP 1820: Handwritten signatures: “The United States Receiving Office will accept signatures meeting the requirements of 37 CFR 1.4(d)(1) with respect to handwritten signatures.” S-signatures: “The United States Receiving Office will accept signatures meeting the requirements of 37…
Read MoreHow can an applicant ensure they’ve deposited biological material with an acceptable institution for PCT applications?
To ensure that biological material is deposited with an acceptable institution for PCT applications, applicants should: Consult the PCT Gazette or Annex L of the PCT Applicant’s Guide, which list notified depositary institutions. Choose a depositary institution that has been notified by the designated Offices of interest. The MPEP states: “A reference to a deposit…
Read MoreWhat is the ‘371(c) date’ in a national stage application?
The ‘371(c) date’ in a national stage application refers to the date of entry into the national phase in the United States. This date is determined by the receipt of certain items required under 35 U.S.C. 371(c). The MPEP explains: “Because the date of entry is dependent upon receipt of certain items required under 35…
Read MoreWhat is the significance of the 30-month time limit for national stage entry?
What is the significance of the 30-month time limit for national stage entry? The 30-month time limit is a crucial deadline for entering the national stage of an international application under the Patent Cooperation Treaty (PCT). The MPEP explains: “An applicant must fulfill the requirements of 35 U.S.C. 371 within the time periods set forth…
Read MoreWhat is an international application designating the United States?
An international application designating the United States is a patent application filed under the Patent Cooperation Treaty (PCT) that includes the United States as a designated country. The MPEP cites 35 U.S.C. 363, which states: An international application designating the United States shall have the effect, from its international filing date under article 11 of…
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