M.P.E.P. 1800 Patent Cooperation Treaty (PCT)

Question 1

Step of International Phase

Answer 1

1. Filing of the international application by the applicant, and its processing by the “Receiving Office”
2. Establishment of the international search report by an International Search Authority (ISA)
   
   • Within 16 months (ISA)
3. A preliminary non-binding written opinion sent to the Applicant by the IS as to novelty, inventive step, and industrial applicability
4. Publication of the international application along with the ISA.
   
   • Within 18 Months
5. Optional, the establishment of an international preliminary examination that results in a second writing report entitled “International Preliminary Report on Patentability”
   
   • PCT Ch. 2 -

Question 2

PCT

Answer 2

Single World wide provisional application

Question 3

What must an applicant do before entering the national phase in the United States?

Answer 3

1. Pay the required national fees;
2. Furnish a translation of the international application, AND
3. Submit the required oath or declaration.

Spec, Claim, Drawing, Fee, Oath, Translation

Question 4

Elements of International Applications

Answer 4

1. A request
2. Designation of a least one contracting state (WIPO)
3. The name of the APPLICANT
4. Spec, Claim, Drawing
5. An Abstract
   AND
6. The Fee (can be later)

Question 5

What is your deadline to file in the country you want after filing a PCT?

Answer 5

30 months of filing

Question 6

Priority Claims of PCT and Restoration of Priority

Answer 6

You have to have 4 months of filing or 16 months of earliest priority date.

Question 7

Unity of Invention Standard

Answer 7

A restriction will occur if the claims rely on a different inventive concept.

Question 8

Two Opportunities of Amending an International Application

Answer 8

1. After receiving international search report and written opinion, MAY make an amendment through International Bureau in the language of the PCT.
2. PCT Optional Chapter 2

Question 9

National Phase of a PCT

Answer 9

1. Identify a copy of the PCT
   
   • spec, claim, drawing, oath, translation
2. National filing fee.

MUST BE HERE WITHIN 30 MONTHS

Question 10

General Information of a PCT

Answer 10

102(e) date: FOT (371 date), at the time the last is submitted.
- Before 11/29/00

102(e) date: FOT DUSE, international filing date
- After 11/29/00

Published PCT will become Prior Art.

Question 11

Term of a Patent Derived from a PCT

Answer 11

20 years from international filing date.

Question 12

Published PCTs

Answer 12

Prior art date of a foreign filing priority date.

Question 13

When is that last time you can pay the PCT fee?

Answer 13

30 months from foreign filing

Question 14

Where do you file an International Preliminary Examination?

Answer 14

The International Preliminary Examining Authority

Question 15

What do you need before 30 months?

Answer 15

Spec, Claim, Drawing

Money Money Money

Question 16

In the US, how long do you have to file a PCT after US patent filing?

Answer 16

12 months

Question 17

When will a PCT application publish?

Answer 17

18 Months

Question 18

Some True Facts about PCTs

Answer 18

1. The applicant may withdraw the PCT prior to the expiration of the 20th month
2. A foreign filing license may be required after a PCT application is filed in the USPTO in order for the application copies to be sent outside the US.
3. A PCT application must enter the national phase in te US prior to the expiration of the 30th month.
4. The oath can be filed after the expiration of the 19th month.

Question 19

When can amendments to the PCT application be made?

Answer 19

Latest between:

With 2 months from the date of transmittal of the Search Report

OR

16 Months from the priority date.