What are the time limits for filing a certified copy in an international design application?
The time limits for filing a certified copy in an international design application are: General rule: Within the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application. Exception: These time limits do not apply if the priority document is…
Read MoreWhat are the time limits for claiming priority in a national stage application under 35 U.S.C. 371?
In a national stage application under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT. According to 37 CFR 1.55(d)(2), this is the general rule, with some exceptions provided in paragraph (e) of the same section. The MPEP states:…
Read MoreHow does the USPTO determine if a delay in claiming priority was unintentional?
The USPTO evaluates whether a delay in claiming priority was unintentional based on the totality of the circumstances. According to MPEP 214.02: The Director may require additional information where there is a question whether the delay was unintentional. This means that the USPTO may request additional information from the applicant to determine if the delay…
Read MoreCan an international application be used as a basis for priority in a U.S. national application?
Yes, an international application can be used as a basis for priority in a U.S. national application. This is outlined in 35 U.S.C. 365(a), which states: In accordance with the conditions and requirements of subsections (a) through (d) of section 119, a national application shall be entitled to the right of priority based on a…
Read MoreWhat happens if an international application designating the US is withdrawn?
What happens if an international application designating the US is withdrawn? If an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, it cannot serve as the basis for priority in a subsequent U.S. application. The MPEP states: “An international application designating the United States…
Read More