National and PCT Filing (1800, 1900)

Question 1

What does PCT stand for?

Answer 1

Patent Cooperation Treaty.

Question 2

What is the purpose of the PCT?

Answer 2

To provide a unified procedure for filing patent applications in multiple countries.

Question 3

How many countries are members of the PCT?

Answer 3

Over 150 countries.

Question 4

What is a PCT application also called?

Answer 4

An international application.

Question 5

What are the two main phases of a PCT application?

Answer 5

International phase and national phase (or national stage).

Question 6

Where is a PCT application typically filed?

Answer 6

With a Receiving Office such as the USPTO or WIPO.

Question 7

What is the role of the Receiving Office?

Answer 7

To accept and process the international application.

Question 8

What is the International Bureau (IB)?

Answer 8

A WIPO body that manages international publication and communication.

Question 9

What is the International Searching Authority (ISA)?

Answer 9

The office that conducts the international search.

Question 10

What does the International Search Report (ISR) include?

Answer 10

Relevant prior art and a written opinion on patentability.

Question 11

When must a PCT application be filed relative to a priority application?

Answer 11

Within 12 months of the earliest priority date.

Question 12

What is the Chapter I process?

Answer 12

Initial international filing and search (including ISR and written opinion).

Question 13

What is the Chapter II process?

Answer 13

Optional examination upon request (Demand for International Preliminary Exam).

Question 14

What is the deadline to enter the national phase in the U.S.?

Answer 14

30 months from the priority date.

Question 15

What is the Form PCT/RO/101?

Answer 15

The Request form used to file a PCT application.

Question 16

Can a PCT application mature directly into an international patent?

Answer 16

No, it must enter the national phase in each country.

Question 17

What happens if you miss the national stage entry deadline?

Answer 17

Rights may be lost unless the country offers restoration.

Question 18

What is the purpose of the written opinion from the ISA?

Answer 18

To give a preliminary, non-binding opinion on patentability.

Question 19

What is IPEA?

Answer 19

International Preliminary Examining Authority, used in Chapter II.

Question 20

What is the benefit of Chapter II?

Answer 20

Additional time and non-binding feedback before national phase entry.

Question 21

What is national stage entry?

Answer 21

The act of entering a PCT application into a specific country’s patent system.

Question 22

What documents are required for U.S. national stage entry?

Answer 22

Copy of the international application, translation (if needed), oath/declaration, and fees.

Question 23

Is a U.S. national stage application a continuation?

Answer 23

No, it’s considered a regular national filing from a PCT.

Question 24

Can you amend claims during national stage entry?

Answer 24

Yes, but must comply with U.S. rules.

Question 25

Do you need to file a certified copy of the priority document?

Answer 25

No, if it’s available to the USPTO via WIPO.

Question 26

Can a U.S. application claim benefit of a PCT?

Answer 26

Yes, if it designates the U.S. and is properly entered.

Question 27

What is the effect of entering national stage late?

Answer 27

The application may be abandoned unless revival is available.

Question 28

What is the 371(c) requirement?

Answer 28

Requirements for U.S. national stage entry under 35 U.S.C. §371.

Question 29

Can small entity status be claimed in U.S. national stage?

Answer 29

Yes, if the applicant qualifies.

Question 30

What is the filing date of a U.S. national stage application?

Answer 30

The international filing date of the PCT application.

Question 31

What is a foreign filing license?

Answer 31

A USPTO authorization to file a patent application in a foreign country.

Question 32

When is a foreign filing license required?

Answer 32

When the invention was made in the U.S.

Question 33

How can one obtain a foreign filing license?

Answer 33

It is granted automatically 6 months after filing in the U.S., or by petition.

Question 34

Can a PCT application serve as a petition for a foreign filing license?

Answer 34

Yes, if filed with the USPTO.

Question 35

What happens if you file abroad without a license?

Answer 35

The U.S. application may be abandoned and subject to criminal penalties.

Question 36

What is 37 CFR §5.11?

Answer 36

The rule outlining the requirement for a foreign filing license.

Question 37

Can you petition for a retroactive license?

Answer 37

Yes, with justification and evidence.

Question 38

What is export control?

Answer 38

Restrictions on sharing certain inventions internationally due to national security.

Question 39

Does a foreign national working in the U.S. need a license to file abroad?

Answer 39

Yes, if the invention was made in the U.S.

Question 40

Is a foreign filing license required if the invention was made outside the U.S.?

Answer 40

No, only U.S.-made inventions require it.

Question 41

What is the publication number format for PCT applications?

Answer 41

WOYYYY/NNNNNN (e.g., WO2025/123456).

Question 42

What is WIPO?

Answer 42

World Intellectual Property Organization, which administers the PCT.

Question 43

Are PCT search results binding on national offices?

Answer 43

No, they are informative but non-binding.

Question 44

Can you file a PCT application in a non-English language?

Answer 44

Yes, but translations may be required for national entry.

Question 45

Can the USPTO act as both RO and ISA?

Answer 45

Yes, for U.S. applicants.

Question 46

What is a demand under PCT Chapter II?

Answer 46

A request for further examination beyond the ISR.

Question 47

Can an applicant withdraw a PCT application?

Answer 47

Yes, but it may affect priority and national filings.

Question 48

Can a national stage be entered in multiple countries?

Answer 48

Yes, in each PCT member state of interest.

Question 49

How does the PCT save cost for applicants?

Answer 49

By deferring local filing fees and providing early search results.

Question 50

Is the U.S. part of the PCT?

Answer 50

Yes, as both a receiving office and a designated country.

Question 51

What is a PCT application?

Answer 51

An international patent application filed under the Patent Cooperation Treaty.

Question 52

What is the international phase?

Answer 52

The initial phase of the PCT process involving filing, search, and optional preliminary examination.

Question 53

What is the national phase?

Answer 53

The stage where the PCT application enters individual countries’ patent offices for examination.

Question 54

What is a Receiving Office?

Answer 54

An office that accepts and processes PCT applications.

Question 55

What is the International Bureau?

Answer 55

The arm of WIPO that manages PCT application processing and publication.

Question 56

What is the International Searching Authority (ISA)?

Answer 56

An office that provides prior art search and written opinion for PCT applications.

Question 57

What is the International Preliminary Examining Authority (IPEA)?

Answer 57

An office that performs optional further examination under Chapter II.

Question 58

What is the International Search Report (ISR)?

Answer 58

A report identifying prior art relevant to the PCT application.

Question 59

What is a written opinion?

Answer 59

A non-binding assessment of patentability issued by the ISA.

Question 60

What is Chapter I of the PCT?

Answer 60

The default phase including international search and written opinion.

Question 61

What is Chapter II of the PCT?

Answer 61

An optional phase involving preliminary examination upon demand.

Question 62

What is a demand?

Answer 62

A request for preliminary examination under Chapter II.

Question 63

What is the priority date?

Answer 63

The filing date of the earliest application to which the PCT claims priority.

Question 64

What is a foreign filing license?

Answer 64

Authorization from the USPTO to file a patent application abroad.

Question 65

What is national stage entry?

Answer 65

Transition from international to national patent prosecution in each desired country.

Question 66

What is WIPO?

Answer 66

The World Intellectual Property Organization, which oversees the PCT.

Question 67

What is Form PCT/RO/101?

Answer 67

The official form used to request filing of a PCT application.

Question 68

What is the 30-month deadline?

Answer 68

The time limit for entering national phase in most countries, including the U.S.

Question 69

What is export control?

Answer 69

U.S. restrictions on the foreign filing of certain sensitive inventions.

Question 70

What is 35 U.S.C. §371?

Answer 70

The U.S. statute governing national stage entry of PCT applications.