Comments on: Q19) Germany – PCT / Patent Term (MPEP 1800) http://mypatentbar.com/2007/05/19/q19-pct-patent-term/ Patent Bar Review and Study Guide Tue, 07 Feb 2012 03:15:12 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: patentgeekchick http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-16229 patentgeekchick Fri, 23 Sep 2011 00:35:38 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-16229 Got overworked's variant today 9.22.11 What to do? Certificate of mailing from Germany? Not. Express mail from Germany? Not. Fax it to USPTO. yes Got overworked’s variant today 9.22.11

What to do?
Certificate of mailing from Germany? Not.
Express mail from Germany? Not.
Fax it to USPTO. yes

]]> By: maggie http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-14833 maggie Sat, 27 Aug 2011 06:45:48 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-14833 Q: PCT-fax oath/representative capacity. German app is basis for international app needs to be filed today at USPTO. Germany attorney is too late because of time difference. US Agent, that is not a Power of attorney in PCT can fax oath and will be there several hours before due. - answer choices (A) Mail by regular mail (B) German express mail. (C) US attorney file by FAX and will be there several hours before midnight. (D) Germane Attorney FAX's and get there 9 hour too late. Q: PCT-fax oath/representative capacity.
German app is basis for international app needs to be filed today at USPTO. Germany attorney is too late because of time difference. US Agent, that is not a Power of attorney in PCT can fax oath and will be there several hours before due. – answer choices (A) Mail by regular mail (B) German express mail. (C) US attorney file by FAX and will be there several hours before midnight. (D) Germane Attorney FAX’s and get there 9 hour too late.

]]> By: TJL http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-14612 TJL Fri, 19 Aug 2011 03:41:03 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-14612 On 8/18 got a variant. German app is basis for international app (after 11/129/00) which designates US, enters US, when will patent term be measured from. I didn't spend much time looking for this one in the MPEP as I was a bit short on time in my afternoon session, but was fairly confident that term was measured from International Filing. I could, however, be wrong. On 8/18 got a variant. German app is basis for international app (after 11/129/00) which designates US, enters US, when will patent term be measured from. I didn’t spend much time looking for this one in the MPEP as I was a bit short on time in my afternoon session, but was fairly confident that term was measured from International Filing. I could, however, be wrong.

]]> By: Daniel http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-13987 Daniel Wed, 03 Aug 2011 15:13:34 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-13987 Got the one where you should fax from Germany as well as the one where you go from the INTERNATIONAL FILING date on 7/29/2011 Got the one where you should fax from Germany as well as the one where you go from the INTERNATIONAL FILING date on 7/29/2011

]]> By: wenabby http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-13817 wenabby Sun, 31 Jul 2011 03:25:21 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-13817 First file provisional, then file non-provisional claiming priority of the provisional, and then file PCT claiming both priority. In this senario, the patent term will be calculated from the filing date of NON-PROVISIONAL not the filing date of PCT. First file provisional, then file non-provisional claiming priority of the provisional, and then file PCT claiming both priority. In this senario, the patent term will be calculated from the filing date of NON-PROVISIONAL not the filing date of PCT.

]]> By: Bigbadvoododaddy http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-12786 Bigbadvoododaddy Sat, 02 Jul 2011 22:14:16 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-12786 To further clarify - both the designation and the publication must have happened in the international stage to qualify under 102(e) if the demand was filed such that the publication happened before (as I suspect it did) then it will not be a 102(e) and I would be corrected in my response above To further clarify – both the designation and the publication must have happened in the international stage to qualify under 102(e) if the demand was filed such that the publication happened before (as I suspect it did) then it will not be a 102(e) and I would be corrected in my response above

]]> By: Bigbadvoododaddy http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-12785 Bigbadvoododaddy Sat, 02 Jul 2011 22:08:18 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-12785 Ve, Re: your first question. I dont believe that the date of the national stage is the 102(e) date. There is no 102(e) date in this scenario - see example 5 under 706.02(f)(1) Re: your second question I dont believe the answer was correct. If it is published in english and designates the US (specifically - in the international stage, cannot be designated by entering the national stage only) then the 102 (e) date is the international filing date. PCT Article 11(3) provides that ...an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State. Ve,
Re: your first question.
I dont believe that the date of the national stage is the 102(e) date. There is no 102(e) date in this scenario – see example 5 under 706.02(f)(1)
Re: your second question
I dont believe the answer was correct. If it is published in english and designates the US (specifically – in the international stage, cannot be designated by entering the national stage only) then the 102 (e) date is the international filing date.

PCT Article 11(3) provides that
…an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.

]]> By: Bigbadvoododaddy http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-12784 Bigbadvoododaddy Sat, 02 Jul 2011 21:53:31 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-12784 In this scenario E is correct. However D is a pretty good answer, since the notice of appeal can be faxed, if it is under a second or final rejection, and need not be signed. In this scenario E is correct. However D is a pretty good answer, since the notice of appeal can be faxed, if it is under a second or final rejection, and need not be signed.

]]> By: Sarah http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-10983 Sarah Wed, 18 May 2011 19:57:51 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-10983 Got this today 5/18/11 Know patent term is NEVER measured from priority documents, whether its a provisional application or a foreign priority document. Its measured from the filing date of the international application. Got this today 5/18/11

Know patent term is NEVER measured from priority documents, whether its a provisional application or a foreign priority document. Its measured from the filing date of the international application.

]]> By: jacquiegardner http://mypatentbar.com/2007/05/19/q19-pct-patent-term/#comment-10338 jacquiegardner Tue, 03 May 2011 23:03:48 +0000 http://patentbar.wordpress.com/2007/05/19/q19-pct-patent-term/#comment-10338 I got this questions today too. Pretty sure I got it right. I got this questions today too. Pretty sure I got it right.

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