MPEP Chapter 1800: PCT Flashcards
(26 cards)
Patent Cooperation Treaty (PCT)
Mechanism to file 1 application (International Application) in a standard format in 1 language at 1 receiving office and have the filing acknowledged as a national filing in all member countries of the PCT
USPTO is a
Receiving Office
Who can file a PCT at the USPTO?
US resident or national
Phase 1 of PCT (International Phase)
-File international application at Receiving Office
-Receive International Search Report and Preliminary Non-binding Opinion
-Publication of IA and ISR
-Optional PCT Chapter 2: International Preliminary Examination (MUST ASK FOR)
Phase 2 of PCT (National Phase)
-Enter the national stage in all desired countries
-Further action required before each designated office
Time Period to Enter National Phase
30 MONTHS FROM PRIORITY
NOT EXTENDABLE
Elements of International/PCT Application Submitted to USPTO
“English applicant requests priority designation”
-Request to be treated as int. app
-Designation of at least 1 member country
-Applicant name
-Be in English (spec/claim/drawings)
-Fee and abstract can be late
Designation of Contracting States
After January 1, 2004 - filing automatically designates all PCT countries
All Time Limits in PCT Computed From
PRIORITY DATE
Priority Claim in PCT
Very important
Needs:
-country
-date of filing
-number filed under
Must make claim within 16 months of priority date (or 4 months of IA filing date) with certified copy
PLTIA PCT
If you UNINTENTIONALLY file a PCT up to 2 months after expiration of 12 month priority period, you can restore priority with a request and fee
Unity of Invention
Restriction practice standard followed in PCT filings entered into US
Article 19 Amendments
Amendment of CLAIMS only
Available only after ISR+opinion received and prior to PCT publication
Article 34 Amendments
Amendment of spec, claims, or drawings
ONLY available if you demand PCT Chapter 2: Preliminary Examination
Available until end of 22 months from priority date or 3 months after mail date of ISR+opinion (the later of the 2)
Entering the US National Phase
-Must be by end of 30th month from priority date
-Copy and Fee - REQUIRED, CANNOT SUBMIT LATE
-Oath and Translation - can be submitted late
FOT Rule - PCT
Applies to PCTs filed before November 29, 2000
US patent pre-AIA 102(e) date is when the last of the F-O-T are submitted
DUSE Rule - PCT
Applies to PCTs filed on/after November 29, 2000 (prior to AIA)
Designate US + Publish in English
US patent pre-AIA 102(e) date is the PCT was filed
AIA Rule - PCT
Applies to PCTs filed on/after March 16, 2013
Prior art date is earliest filing date (including foreign)
US Patent from PCT Term
20 years from IA/PCT filing date
When do you file IA/PCT?
No later than 12 months from priority date
When do you receive ISR+Opinion?
About 16 months from priority date
When is the PCT published?
18 months from priority date
When can you make a demand for a PCT Chapter 2 Preliminary Examination?
No later than 22 months from priority date
When is the deadline for entering national phase?
30 months from priority date
