MPEP 1800

Question 1

Purpose of PCT

Answer 1

applicant can file one application in one language and one receiving office and have the filing acknowledged as a regular national filing in all member countries of the PCT

Question 2

PHASE I - International Phase

Answer 2

MPEP 1812

1. Filing of IA by applicant and processing by the “Receiving Office”
   (publication 18 months from priority date)
2. International Search Report (ISR) done by “International Search Authorities” (ISA)
   (published 16 months from priority date)
3. Preliminary (non-binding) written opinion sent to Applicant by ISA as to novelty inventive step and applicability
   (sent same time as ISR but made public at 30 months)
4. Publication (electronically) of IA with the ISR
5. (OPTIONAL) establishment of an international preliminary examination - second written report
   - Only made from a “demand” for preliminary examination

Question 3

International Search Report Established

Answer 3

16 months from priority date

Question 4

Publication of International Publication Established

Answer 4

18 months from priority date

Question 5

Preliminary Non-Binding Report Established

Answer 5

Sent to applicant at the same time as ISR (16 months from priority date)

Public at end of 30 months from priority date

Question 6

How to Establish Optional International Preliminary Examination

Answer 6

applicant must make a demand

must be made later of 3 months from issuance of ISR and the written opinion of ISA or 22 months from priority date

Question 7

Phase II - National Phase

Answer 7

MPEP 1893

1. Pay National Filing Fee
2. Copy of IA (or reference)
3. Oath
4. Translation

NOTE: Fee and Copy of Application cannot be submitted late.

Oath and Translation can be submitted later with a fee (up to 1 month)

Period to enter national phase is 30 months from priority date

Question 8

Elements of International Applications

Answer 8

MPEP 1812

i. Request
- gives coverage of all designations available under the PCT and possible protection of states

ii. Designation of at lease one contracting (PCT- participating) state

iii. Name of Applicant
- must be resident or national
of designated country

iv. Specification, claim and drawing

v. Abstract (may be submitted late)

vi. Fee (may be submitted late)

i-iv are REQUIRED at time of filing

Question 9

Applicant of PCT

Answer 9

MPEP 1821

includes both inventor or owners

one applicant must be resident or national o the receiving office

Question 10

Priority Claim

Answer 10

MPEP 1828

priority claim must indicate the country which the earlier app was filed, date on which it was filed, and number

certified copy of earlier app must be filed within 16 months of priority date.

07/01/1998- correct or add priority claim within 16 months of earliest priority date

Question 11

Restoration of Priority

Answer 11

MPEP 1828

be able to claim priority up to (2) months after expiration of 12-month priority period

Request and Fee

Question 12

Unity of Invention

Answer 12

MPEP 1875

Application should set forth claims that relate to only one invention or to a group of inventions so linked as to form a single general inventive concept

“technical relationship”

Question 13

Amendments to International Application

Answer 13

Two chances to amend under Article 19 and Article 34

Question 14

PCT Term

Answer 14

20 years from the filing date of the International Application

NOT DATE it enters national phase

Question 15

Minimum Parts of IA filed at USPTO

Answer 15

1. at least one applicant who is a US national or legal resident
2. English Description (Specs, claims, and drawings if necessary)
3. Request for Treatment as an IA
4. Designation of at least 1 country (automatic) can be US
5. Priority claim (if appropriate) cannot be submitted late
6. Abstract (can be submitted later)

Question 16

Filing of IA and Months from Priority Date

Answer 16

no later than 12 months

Question 17

ISR and Written Report
Months from Priority Date

Answer 17

16 months

Article 19 amendments (claims only) allowed

Article 34 amendments available 22 months for 3 months after mailing of ISR and Written Opinion

Question 18

Publication and Months from Priority Date

Answer 18

18 months

Question 19

Demand for Preliminary Examination and Months from Priority Date

Answer 19

no later than 22 months

Question 20

Entry into National Phase (NA) and Months from Priority Date

Answer 20

30 months

Question 21

For Inventions Made in US

Answer 21

need a foreign filing license

Question 22

Right to Priority vs Claim of Prioirty

Answer 22

Right to Priority is given when the application is filled within 12 months of the international filing OR if unintentional 2 months past the expiration (12- months) with a fee and statement (PLTIA)

A claim of priority can be made 16 months from the filing o the international application or 4 months after the filing of the application claiming priority. Whichever comes first

Question 23

Article 19 Amendment

Answer 23

PRIOR to Publication, applicant may amend claims

1. File with the International Bureau (IB); and
2. Must be in the language of the IA

NOTE: Only available to amend AFTER receipt of ISR and Written opinion

Question 24

Article 34 Amendment

Answer 24

Starts and remains available until end of 22 months rom priority date or 3 months after the date of mailing of the search report and written opinion

i. can be made to any claims specs or drawings

Question 25

102 (e) and PCT

Answer 25

If IA was filed on or after 11/29/2000: 1. and Published in English and designated in the US then the 102 (e) date of publication is the International filing date of the International Applicaiton 2. If IA not published in English or the US was not designated no 102(e) date granted NOTE: For apps with filing dates after 03/16/2013, with NO Prior domestic or PCT priority, no 102(e) date can occur