Test takers report that MPEP Chapter 1800, PCT, is tested heavily on the Prometric Patent Bar Exam. Experiencing 3-4 questions on this topic is common and some test takers report as many as 10-15 questions (most likely some are beta questions).
If a PCT application is not complete the applicant has 30 days to submit any missing parts.
Question 1 –
One test taker reported a PCT question with two missing parts of the specification. The applicant filed the missing parts at two intervals. Answer â€“ there are only 30 days to do submit the missing parts, and the applicantâ€™s 2nd submission was not timely.
Question 2 –
One test taker reported a question regarding what to do if there are no claims in a PCT application and that PCT application claims the benefit of a provisional application. How can these claims be sent to the USPTO? The options are to send the claims by facsimile, by express mail, by certificate of mailing, and two others that were off-the-wall answers. Answer – The office will alert you that you have no claims. (You don’t have a filing date at this point, but it doesn’t matter for this question.) According to the MPEP, you can’t use a certificate of mailing for PCT. You can use a fax as long as youâ€™re not submitting documents to enter the national stage of an application. This test taker put facsimile, which might be incorrect since you use express mail to get a filing date. Maybe someone else can help me out?
Regarding the PCT without claims, it looks like you have no international filing date due to absence of the claims. If you submit them via express mail, you get “date in.” If you send them via COM or fax you get date of receipt by PTO.