How does a secrecy order affect an international application under the PCT?
A secrecy order can have significant implications for an international application filed under the Patent Cooperation Treaty (PCT). According to MPEP 1832: “If a secrecy order is applied to an international application, the application will not be forwarded to the International Bureau as long as the secrecy order remains in effect (PCT Article 27(8) and…
Read MoreWhat is the scope of subject matter examined in international preliminary examination?
The scope of subject matter examined in international preliminary examination is broad but has some limitations. According to MPEP 1874: “It should be noted that subject matter which is normally examined under U.S. national procedure should also be examined as an International Preliminary Examining Authority.” However, there are some important considerations: Subject matter not searched…
Read MoreWhen did Rospatent become an International Searching Authority?
When did Rospatent become an International Searching Authority? According to MPEP 1840.04, Rospatent became an International Searching Authority on a specific date: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) became an International Searching Authority on October 10, 2008.” This date marks the beginning of Rospatent’s official capacity to conduct international searches for PCT…
Read MoreWhat is Rospatent’s role as an International Searching Authority?
What is Rospatent’s role as an International Searching Authority? Rospatent, the Federal Service for Intellectual Property of the Russian Federation, serves as an International Searching Authority (ISA) under the Patent Cooperation Treaty (PCT). As stated in MPEP 1840.04: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) became an International Searching Authority on October 10,…
Read MoreCan Rospatent act as an International Preliminary Examining Authority?
Can Rospatent act as an International Preliminary Examining Authority? Yes, Rospatent can act as an International Preliminary Examining Authority (IPEA). The MPEP 1840.04 states: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) will act as an International Preliminary Examining Authority for the same range of international applications for which it acts as an International…
Read MoreWhat languages does Rospatent accept for international applications?
What languages does Rospatent accept for international applications? Rospatent accepts international applications in specific languages. As stated in MPEP 1840.04: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) will accept international applications in English or Russian.” This language policy allows applicants to submit their PCT applications to Rospatent in either of these two languages…
Read MoreWhat is the role of a common representative in PCT applications?
The common representative in PCT applications plays a crucial role in communication and decision-making. According to MPEP 1807: “Where no common agent or common representative has been appointed, one of the applicants who is entitled to file in the receiving Office acts as the common representative.” The common representative is authorized to: Perform all acts…
Read MoreWhat is the right of priority in a U.S. national stage application?
A U.S. national stage application may be entitled to a right of priority under 35 U.S.C. 119(a) and 365(b) based on a prior foreign application or international application designating at least one country other than the United States. As stated in the MPEP, “Pursuant to 35 U.S.C. 365(b) a U.S. national stage application shall be…
Read MoreHow can an appointment of an agent or common representative be revoked in a PCT application?
The appointment of an agent or common representative in a PCT application can be revoked as follows: The revocation must be made by the persons who made the appointment or their successors in title. The document containing the revocation must be signed by these individuals. If an agent’s appointment is revoked, any sub-agent appointments made…
Read MoreHow can I revive an abandoned international patent application?
To revive an abandoned international patent application, you need to file a petition under 37 CFR 1.137 for unintentional delay. This petition is decided by the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p): “Petitions under 37 CFR 1.137 (unintentional delay) to revive an application filed under the Patent Cooperation Treaty (PCT).”…
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