When 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 limits for requesting a corrected patent application publication?
The time limit for requesting a corrected patent application publication due to a material mistake made by the USPTO is strictly defined: “Any request for a corrected or revised patent application publication other than as provided in paragraph (a) of this section must be filed within two months from the date of the patent application…
Read MoreWhat are the time limits for filing a broadening reissue application?
There are strict time limits for filing a broadening reissue application. According to MPEP 1412.03: “A broadening reissue application must be filed within two years from the grant of the original patent.” This time limit is crucial for patent owners to understand. Key points about the time limit include: It is based on 35 U.S.C.…
Read MoreWhat is the time limit for responding to a new ground of rejection by the Board?
The time limit for responding to a new ground of rejection by the Board is 2 months from the date of the Board’s decision. This applies to both options of submitting an amendment/new evidence or requesting a rehearing. The MPEP explicitly states: “The amendment and/or new evidence under 37 CFR 41.50(b)(1), or the request for…
Read MoreWhat is the time limit for filing a petition in patent prosecution?
The time limit for filing a petition in patent prosecution is generally two months from the action being contested. MPEP 1201 refers to the relevant regulation: “As 37 CFR 1.181(f) states that any petition not filed within 2 months from the action complained of may be dismissed as untimely” However, for petitions regarding restriction requirements,…
Read MoreHow does the restoration of the right of priority affect PCT time limits?
The restoration of the right of priority has a significant impact on PCT time limits, particularly the 30-month period for entering the national stage. According to MPEP 1828.01: “It should also be noted that regardless of the PCT Rule 26bis.3(j) and 49ter.1(g) status of any particular office, the priority date will still govern all PCT…
Read MoreWhat are the time limits for withdrawing a demand or election in a PCT application?
According to MPEP 1880, which cites PCT Rule 90bis.4(a), the time limit for withdrawing a demand or election in a PCT application is as follows: The applicant may withdraw the demand or any or all elections at any time prior to the expiration of 30 months from the priority date. This 30-month period provides applicants…
Read MoreWhat is the “priority date” in the context of the Patent Cooperation Treaty (PCT)?
The priority date is a crucial concept in the Patent Cooperation Treaty (PCT) system. According to MPEP 1842, “Time limits under the PCT are measured from the ‘priority date’ of the application.” The MPEP further explains: “The priority date for the purposes of computing time limits is defined in PCT Article 2(xi). Where an international…
Read MoreWhat is the time limit for paying preliminary examination and handling fees?
The time limit for paying the preliminary examination fee and the handling fee is set forth in PCT Rule 57.3 and PCT Rule 58.1(b). According to the MPEP: “The preliminary examination fee and handling fee are considered to have been received before the expiration of the time limit set in PCT Rule 57.3 if the…
Read MoreWhat are the deadlines for national stage entry in PCT applications?
The deadlines for entering the national stage in PCT applications can vary depending on whether the application is proceeding under Chapter I or Chapter II of the PCT. MPEP 1842 provides the following information: National Stage Entry Following PCT Chapter I “PCT Article 22(1) was amended, effective April 1, 2002, to specify that the national…
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