How is the USPTO identified when acting as an International Preliminary Examining Authority?
When the United States Patent and Trademark Office (USPTO) acts as an International Preliminary Examining Authority (IPEA), it is identified in a specific manner. According to 37 CFR 1.416(b) in MPEP 1862: “The United States Patent and Trademark Office, when acting as an International Preliminary Examining Authority, will be identified by the full title “United…
Read MoreWhich countries can the USPTO conduct international searches for as an International Searching Authority?
The USPTO, as an International Searching Authority, conducts international searches and prepares international search reports and written opinions for a wide range of countries. According to MPEP 1840, these countries include: United States of America Bahrain Barbados Brazil Chile Dominican Republic Egypt Georgia Guatemala India Israel Jordan Mexico New Zealand Oman Panama Peru Philippines Qatar…
Read MoreWhat is the role of the United States Patent and Trademark Office as an International Preliminary Examining Authority?
The United States Patent and Trademark Office (USPTO) serves as an International Preliminary Examining Authority (IPEA) for international patent applications. According to MPEP 1862, the USPTO “will act as an International Preliminary Examining Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by…
Read MoreWhat is the internal time limit for the USPTO to prepare the international preliminary examination report?
According to MPEP 1879.01, while the official time limit for establishing the international preliminary examination report is 28 months from the priority date, the USPTO has set an internal deadline: “This time limit is 27 months internally to ensure sufficient time to process, review and mail the report in sufficient time to reach the International…
Read MoreHow does the USPTO handle foreign filing license requests in PCT applications?
The USPTO has implemented a process to handle foreign filing license requests for PCT applications efficiently. According to MPEP 1832: “If no petition or request for a foreign filing license is included in the international application, and it is clear that a license is required because of the designation of foreign countries and the time…
Read MoreHow does the USPTO’s policy differ from other International Searching Authorities regarding subject matter searches?
The USPTO’s policy on international searches differs significantly from other International Searching Authorities. According to MPEP 1843.02: “The USPTO has declared that it will search and examine, in international applications, all subject matter searched and examined in U.S. national applications.“ This means that while other International Searching Authorities may choose not to search certain subject…
Read MoreWhat are the U.S. reservations and incompatibilities regarding PCT Rules 49.5(c-bis) and 49.5(k)?
The United States has declared that PCT Rules 49.5(c-bis) and 49.5(k) are incompatible with U.S. national law. According to MPEP 1803: “PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k)…
Read MoreHow does the U.S. handle non-English portions in PCT applications?
The United States Patent and Trademark Office (USPTO) has made a notification of incompatibility regarding PCT Rules 20.1(c), 26.3ter(a), and 26.3ter(c), which allow for an international filing date to be accorded even when portions of an application are in a non-accepted language. According to MPEP 1803, “PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible…
Read MoreWhat is the U.S. stance on international publication under the PCT?
The United States has declared that international publication is not required for PCT applications where the U.S. is the only designated state. This is based on PCT Article 64(3), which states: “Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will…
Read MoreWhat languages does the U.S. Receiving Office accept for PCT applications?
The U.S. Receiving Office only accepts PCT applications in English. This is based on 35 U.S.C. 361(c), which states: “The U.S. Receiving Office continues to accept applications only in English.” It’s important to note that this restriction applies specifically to the U.S. Receiving Office, and other countries may have different language requirements for PCT applications.…
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