Comments on: Q) PCT Publication (which old test is this from?)

By: Keener

Keener — Sat, 19 May 2012 21:57:45 +0000

I thought PCT had to publish at 18 months. I can’t find where it says otherwise.

By: GDB

GDB — Fri, 20 Apr 2012 03:24:07 +0000

I had one similar on 04/19/12.

PCT filed in US receiving office. Applicant only designated US and didn’t request publication. Question asked whether the patent would be published by the IB or ISA or USPTO with a few variations.

Answer that I chose after looking at MPEP: PCT will not be published by IB or ISA but will be published by USPTO when it goes to national stage.

By: Paul

Paul — Fri, 07 Oct 2011 08:10:59 +0000

Saw this one on 10/3.

Answer included something along the lines of: “IB will not publish, but US will publish upon entry into the national stage”.

By: BPY

BPY — Thu, 01 Sep 2011 13:15:11 +0000

Should not it be 30 months after the priority date (may or may not be the filing date depending on whether priority is claimed)?

By: Bigbadvoododaddy

Bigbadvoododaddy — Sun, 03 Jul 2011 03:15:23 +0000

CORRECTION:
I’ve looked it up and C is false.
Every PCT application after it enters the national stage is once again published as a US application.
Sorry for any confusion

By: Bigbadvoododaddy

Bigbadvoododaddy — Sat, 02 Jul 2011 23:33:51 +0000

A. is correct
B. Is false – if they desinate only the US, no publication
C. is correct.
D. is false – because all international applications are published.
E. is false
This seems to be a beta or incorrect question.
I cant find any reference which disputes statement C. See 1893.03(e)

By: little yellow duck

little yellow duck — Wed, 08 Jun 2011 13:49:11 +0000

When goes to national stage

A US PCT filed on July 23, When will be the latest date goes to national stage?

By: Recent JD

Recent JD — Wed, 08 Jun 2011 02:48:07 +0000

For what it’s worth: these search hints still hold for E8R8.

By: calvin

calvin — Mon, 22 Mar 2010 07:06:43 +0000

Searching “18 months” from top of 1800 PCT finds 1803 on the third hit.

By: Chemist62

Chemist62 — Thu, 18 Mar 2010 16:38:58 +0000

This is how you may find it:

In the MPEP E8R4 go into Appendix T: PCT. Search for “not published”. After one ot two clicks you see the reference to Article 64(3), the title of the Article is Reservations.

In the MPEP E8R4 do into Chapter 1800, PCT, search for 64(3) or Reservation, It will take you pretty quickly to 1803.