What are the four types of U.S. national applications?
According to the MPEP, there are four types of U.S. national applications: A national stage application under 35 U.S.C. 371 A regular domestic national application filed under 35 U.S.C. 111(a) A provisional application filed under 35 U.S.C. 111(b) An international design application filed under the Hague Agreement The MPEP states: “There are four types of…
Read MoreWhat are the translation requirements for entering the U.S. national stage?
The translation requirements for entering the U.S. national stage are as follows: 1. If the international application was not filed in English and was not published under PCT Article 21(2) in English, a translation of the application into English is required. 2. For international applications with a filing date on or after July 1, 2022:…
Read MoreWhat are the requirements for translating Article 34 Amendments in foreign languages?
When Article 34 Amendments are in a foreign language, a proper translation must be provided to the USPTO within a specific timeframe. According to MPEP 1893.01(a)(3): “If the annexes are in a foreign language, a proper translation of the annexes must be furnished to the Office not later than the expiration of 30 months from…
Read MoreWhen must a reference to deposited biological material be furnished in a PCT application?
The timing for furnishing a reference to deposited biological material depends on several factors: If not included in the original application, indications can be furnished to the International Bureau within 16 months after the priority date. Some national laws may require earlier submission, as noted in PCT Rule 13bis.4(b). If the applicant requests early publication,…
Read MoreWhat are the time limitations for changing agents in a PCT application?
There are important time limitations to consider when changing agents in a PCT application: The International Bureau will not record a change in agent if the request is received after the expiration of 30 months from the priority date. Requests to withdraw from representation filed with the USPTO after this 30-month period may not be…
Read MoreWhat is the time limit for requesting rectification of an obvious mistake in a PCT application?
The time limit for requesting rectification of an obvious mistake in a PCT application is 26 months from the priority date. This is clearly stated in MPEP 1836, which cites PCT Rule 91.2: “A request for rectification under Rule 91.1 shall be submitted to the competent authority within 26 months from the priority date.” It’s…
Read MoreWhat is the time limit for correcting or adding a priority claim in a PCT application?
The time limit for correcting or adding a priority claim in a PCT application is generally 16 months from the priority date. However, there are some nuances to this rule. According to the MPEP: “The applicant may correct or add a priority claim by a notice submitted to the Receiving Office or the International Bureau…
Read MoreHow does a Supplementary International Search differ from the main international search?
A Supplementary International Search (SIS) differs from the main international search in several key aspects: Optional nature: SIS is an optional service, while the main international search is mandatory for all PCT applications. Timing: SIS can be requested up to 22 months from the priority date, while the main search is conducted earlier in the…
Read MoreWhat are the fees associated with a Supplementary International Search?
There are two main fees associated with a Supplementary International Search (SIS): Supplementary search handling fee: This fee covers the costs of the International Bureau (IB). According to PCT Rule 45bis.2(a), The supplementary search request shall be subject to the payment of a fee for the benefit of the International Bureau (“supplementary search handling fee”)…
Read MoreWhen does the International Preliminary Examining Authority start the examination?
According to MPEP 1879.01, the International Preliminary Examining Authority starts the examination when it has received all of the following: The demand Full payment of the handling fee and preliminary examination fee (including any late payment fees) Either the international search report or a declaration that no such report will be established, along with the…
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