When does international publication occur in a PCT application?
International publication is a key step in the PCT process, making the application publicly available. MPEP 1842 provides the following information: “Under PCT Article 21, the international publication of the international application by the International Bureau shall be effected promptly after the expiration of 18 months from the priority date of that application.” This means…
Read MoreWhat is the Locarno Classification system for design patents?
The Locarno Classification system is an international classification system for industrial designs. It’s used to enhance accessibility of design patents in foreign search files and commercial databases. According to the MPEP, The Locarno International Classification system was developed by members of the Paris Convention for the Protection of Industrial Property and is administered by the…
Read MoreWhere can I find additional information about IP Australia as an ISA?
For additional information about IP Australia as an International Searching Authority (ISA), you can refer to multiple sources. The MPEP provides guidance on where to find this information: For additional information, e.g., subject matter limitations, additional search fees, cited documents, etc., please refer to Annex D of the PCT Applicant’s Guide found on WIPO’s website…
Read MoreWhat is the role of the International Bureau (IB) in the PCT process?
The International Bureau (IB), operated by the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, plays a central coordinating role in the PCT process. According to the MPEP, The basic functions of the International Bureau (IB) are to maintain the master file of all international applications and to act as the publisher and central coordinating…
Read MoreWhat is the process for withdrawing an international patent application?
The process for withdrawing an international patent application is outlined in MPEP 1859 and PCT Rule 90bis.1. Here are the key points: The applicant can withdraw the international application at any time before the expiration of 30 months from the priority date. Withdrawal is done by submitting a notice to the International Bureau, the receiving…
Read MoreWhat form should I use to withdraw my international patent application or designations?
To withdraw an international patent application, designations, or priority claims, you can use Form PCT/IB/372. This form is mentioned in MPEP 1859 and is designed to comply with the requirements of PCT Rule 90bis. The MPEP states: “Form PCT/IB/372 may be used by the applicant to make a withdrawal under any of PCT Rules 90bis.1,…
Read MoreHow are foreign patent documents classified in the USPTO?
Foreign patent documents are classified in the USPTO according to the following system: Documents published by the European Patent Office (EPO) or the World Intellectual Property Organization (WIPO) are classified only in the International Patent Classification (IPC) system. Other foreign patent documents may be classified in the IPC, the United States Patent Classification (USPC) system,…
Read MoreWhere can I find the most up-to-date list of PCT Contracting States?
The most current list of PCT Contracting States can be found on the World Intellectual Property Organization (WIPO) website. The MPEP Section 1817 provides direct links to these resources: An updated list of PCT Contracting States is available from WIPO’s website ( www.wipo.int/pct/guide/en/gdvol1/annexes/annexa/ax_a.pdf or www.wipo.int/pct/en/pct_contracting_states.html ). You can access the list in two formats: PDF…
Read MoreWhere can I find additional information about the EPO as an International Searching Authority?
For additional information about the European Patent Office (EPO) as an International Searching Authority (ISA), including subject matter limitations, additional search fees, and cited documents, you can refer to Annex D of the PCT Applicant’s Guide on the World Intellectual Property Organization (WIPO) website. MPEP 1840.01 states: “For additional information, e.g., subject matter limitations, additional…
Read MoreHow does withdrawing a priority claim affect an international patent application?
Withdrawing a priority claim can have significant effects on an international patent application, as outlined in PCT Rule 90bis.3 and MPEP 1859: Priority claims can be withdrawn up to 30 months from the priority date. Withdrawal of a priority claim may change the priority date of the application. Time limits computed from the original priority…
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