What is a Supplementary International Search (SIS)?
A Supplementary International Search (SIS) is an optional service in the Patent Cooperation Treaty (PCT) process that allows additional searches to be performed by a Supplementary International Searching Authority (SISA) during the international phase, in addition to the search performed by the main International Searching Authority (ISA). According to the MPEP, Requesting supplementary international search…
Read MoreWhat is a Demand in the context of the Patent Cooperation Treaty (PCT)?
A Demand is a request for international preliminary examination under Chapter II of the Patent Cooperation Treaty (PCT). As stated in MPEP 1864: “The use of the term ‘Demand’ distinguishes Chapter II from the ‘Request’ under Chapter I.” The Demand allows applicants to have their international application examined and potentially obtain a positive international preliminary…
Read MoreWhat is the Patent Cooperation Treaty (PCT)?
The Patent Cooperation Treaty (PCT) is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in its contracting states. As stated in the MPEP, The Patent Cooperation Treaty (PCT) enables the U.S. applicant to file one application, “an international application,” in a standardized format in English in…
Read MoreWhat is an International Search Report in patent law?
An International Search Report (ISR) is a crucial document in the Patent Cooperation Treaty (PCT) process. According to MPEP 1844, “The results of the international search are recorded in the international search report (Form PCT/ISA/210), which, together with the written opinion of the International Searching Authority (Form PCT/ISA/237) is transmitted with Form PCT/ISA/220.” The ISR…
Read MoreWhat is the International Preliminary Examination Report (IPER)?
The International Preliminary Examination Report (IPER), also known as the International Preliminary Report on Patentability (Chapter II of the Patent Cooperation Treaty), is a document established on Form PCT/IPEA/409. As stated in the MPEP, “The international preliminary examination report contains, among other things, a statement (in the form of simple “yes” or “no”), in relation…
Read MoreWhat is a “bypass” application in the context of PCT applications?
A “bypass” application refers to the filing of a continuation, divisional, or continuation-in-part application of a PCT application designating the United States. This is based on the provisions of U.S. patent law, specifically 35 U.S.C. 363 and 35 U.S.C. 365(c). As stated in the MPEP, “The filing of a continuation, divisional, or continuation-in-part application of…
Read MoreWhat is the role of the United States Patent and Trademark Office (USPTO) as an International Searching Authority?
The USPTO, as an International Searching Authority, has two primary functions: Establish international search reports Prepare written opinions for international applications having an international filing date on or after January 1, 2004 According to MPEP 1840, “As such an Authority, the primary functions are to establish (1) international search reports and (2) for international applications…
Read MoreHow does the USPTO process notices of election for PCT applications?
The USPTO’s process for handling notices of election for PCT applications is described in MPEP 1881. The key points are: All notices of election are received by the Office of PCT Operations from the International Bureau. The Office of PCT Operations prepares the appropriate records of the election when a request for national stage entry…
Read MoreHow does the USPTO determine the date of commencement for national stage entry?
The USPTO determines the date of commencement for national stage entry based on specific criteria outlined in MPEP 1893.01. The section states: “For purposes of determining the date of commencement, all of the requirements of 35 U.S.C. 371(c)(1), (2), and (4) must have been complied with. Thus, the date of commencement is the international filing…
Read MoreWhat legal authorities govern the USPTO’s role as an International Preliminary Examining Authority?
The United States Patent and Trademark Office’s (USPTO) role as an International Preliminary Examining Authority (IPEA) is governed by various legal authorities. According to MPEP 1862, these include: PCT Articles: 32(2) & (3), 34(1) PCT Rules: 59.1, 63.1, 72.1, and 77.1(a) U.S. Code: 35 U.S.C. 361(c), 362(a) & (b), and 364(a) Code of Federal Regulations:…
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