When does an examiner require a copy or translation of the priority document in PCT applications?
An examiner may require a copy or translation of the priority document in PCT applications under specific circumstances. MPEP 1870 states:
“A copy of the priority document and/or a translation thereof, if the priority document is not in English may be required by the examiner if necessary because of an intervening reference.”
This means that the examiner might request the priority document or its translation when:
- There is an intervening reference that could affect the novelty or inventive step of the claimed invention
- The validity of the priority claim is relevant for formulating the opinion on patentability under PCT Article 33(1)
- The priority document is not in English or the language of the International Preliminary Examining Authority
In these cases, the priority document or its translation is crucial for determining the effective filing date and assessing the patentability of the invention.
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