Comments on: Patent Cooperation Treaty (MPEP 1800) http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/ Patent Bar Review and Study Guide Wed, 08 Sep 2010 20:43:39 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: tina http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-3721 tina Wed, 25 Aug 2010 19:49:05 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-3721 An international filing date is accorded to the earliest date on which the requirements under PCT Article 11(1) were satisfied. If the requirements under PCT Article 11(1) are not satisfied as of the date of initial receipt of the international application papers, the receiving Office will invite applicant to correct the deficiency within a set time limit. See PCT Article 11(2) and PCT Rule *>20.3In applications filed on or after April 1, 2007, if the defect under PCT Article 11(1) is that the purported international application fails to contain a portion which on its face appears to be a description or claims, and if the application, on its initial receipt date, contained a priority claim and a proper incorporation by reference statement, the initial receipt date may be retained as the international filing date if the submitted correction was completely contained in the earlier application. See PCT Rules 4.18 and 20.6.20.4In applications filed on or after April 1, 2007, if the application, on its initial receipt date, contained a priority claim and a proper incorporation by reference statement, the initial receipt date may be retained as the international filing date if the submitted correction was completely contained in the earlier application. Again see PCT Rules 4.18 and 20.6 .< An international filing date is accorded to the earliest date on which the requirements under PCT Article 11(1) were satisfied. If the requirements under PCT Article 11(1) are not satisfied as of the date of initial receipt of the international application papers, the receiving Office will invite applicant to correct the deficiency within a set time limit. See PCT Article 11(2) and PCT Rule *>20.3In applications filed on or after April 1, 2007, if the defect under PCT Article 11(1) is that the purported international application fails to contain a portion which on its face appears to be a description or claims, and if the application, on its initial receipt date, contained a priority claim and a proper incorporation by reference statement, the initial receipt date may be retained as the international filing date if the submitted correction was completely contained in the earlier application. See PCT Rules 4.18 and 20.6.20.4In applications filed on or after April 1, 2007, if the application, on its initial receipt date, contained a priority claim and a proper incorporation by reference statement, the initial receipt date may be retained as the international filing date if the submitted correction was completely contained in the earlier application. Again see PCT Rules 4.18 and 20.6 .<

]]> By: Stephen http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-3550 Stephen Sat, 14 Aug 2010 18:31:57 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-3550 It would have to be D I believe (wait for US/RO) because you're right, you have to have the claim to obtain a filing date, period. It would have to be D I believe (wait for US/RO) because you’re right, you have to have the claim to obtain a filing date, period.

]]> By: Thwalls http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-2216 Thwalls Sun, 02 May 2010 20:51:31 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-2216 That's funky. I thought the same thing. That you had to file with at least one claim to get the filing date and were not given a filing date until the claim was submitted. This has to be 1800 somewhere. That’s funky. I thought the same thing. That you had to file with at least one claim to get the filing date and were not given a filing date until the claim was submitted. This has to be 1800 somewhere.

]]> By: S http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1723 S Fri, 09 Apr 2010 17:48:12 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1723 This is a question I saw in Patentbarquestions.com A PCT filed without claims but everything else present, what can you do to keep certain filing date? Choices: fax w/cert mail w/cert express mail wait for US/RO to send invitation to correct & correct within given time all of the above I thought you can never get a filing date without claims and my guess is D) is the right answer. Any take on this? This is a question I saw in Patentbarquestions.com

A PCT filed without claims but everything else present, what can you do to keep certain filing date?

Choices:
fax w/cert
mail w/cert
express mail
wait for US/RO to send invitation to correct & correct within given time
all of the above

I thought you can never get a filing date without claims and my guess is D) is the right answer.

Any take on this?

]]> By: Peter http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1649 Peter Sat, 03 Apr 2010 15:39:23 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1649 An international publication may be used as prior art under 102(a) and102(b) as of its publication date. It may be used under 102(e) as of its filing date if the international application: a) was filed on or after Nov 29th, 200 b) Desingated the US and c) Was published in English. An international publication may be used as prior art under 102(a) and102(b) as of its publication date. It may be used under 102(e) as of its filing date if the international application: a) was filed on or after Nov 29th, 200 b) Desingated the US and c) Was published in English.

]]> By: Chemist62 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1190 Chemist62 Tue, 16 Mar 2010 16:54:15 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1190 This is a nice summary, but does anyone have a good search strategy for MPEP regarding PCT? A little bit at a loss. This is a nice summary, but does anyone have a good search strategy for MPEP regarding PCT? A little bit at a loss.

]]> By: 1/25/09 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1189 1/25/09 Sun, 25 Jan 2009 10:45:14 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1189 I am not sure about what you said in example 1 and 2 that later filed application can claim priority during the pendency of PCT? Does that conflict with 1.55? Question: Baker filed Jap app 1/1/2001, PCT 12/11/2001 claiming Jap app's priority date, later, Baker filed US app on 9/30/2001. When is the earliest 102 e priority date? I am not sure about what you said in example 1 and 2 that later filed application can claim priority during the pendency of PCT? Does that conflict with 1.55?

Question:

Baker filed Jap app 1/1/2001, PCT 12/11/2001 claiming Jap app’s priority date, later, Baker filed US app on 9/30/2001. When is the earliest 102 e priority date?

]]> By: Aug25/2008 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1188 Aug25/2008 Sun, 23 Nov 2008 01:22:18 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1188 Question: Can you wait till the 13th-16th month from the priority date and file an IA properly claiming priority, if priority is claimed at the time the IA is submitted? Question: Can you wait till the 13th-16th month from the priority date and file an IA properly claiming priority, if priority is claimed at the time the IA is submitted?

]]> By: Steve http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1187 Steve Tue, 18 Nov 2008 16:33:53 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1187 Under General, you have that the 102(b) date is measured back from the PCT filing date. I thought 102(b) only applies once an application (IA or US) is made available to the public. I'm confused. Under General, you have that the 102(b) date is measured back from the PCT filing date. I thought 102(b) only applies once an application (IA or US) is made available to the public. I’m confused.

]]> By: patentbar http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1186 patentbar Thu, 04 Sep 2008 20:03:44 +0000 http://mypatentbar.com/2007/11/28/patent-cooperation-treaty-mpep-1800/#comment-1186 Also know - the correction of a PCT application. reported question: "An international filing date is accorded to the earliest date on which the requirements under PCT Article 11(1) are satisfied. If the requirements under Article 11(1) are not satisfied as of the date of initial receipt of the international application papers, the receiving Office will invite applicant to correct the deficiency within a set time limit." PCT Article 11(2) and PCT Rule 20.3. In such case, the international filing date will be the date on which a timely filed correction is received by the receiving Office. Also know – the correction of a PCT application.

reported question: “An international filing date is accorded to the earliest date on which the requirements under PCT Article 11(1) are satisfied. If the requirements under Article 11(1) are not satisfied as of the date of initial receipt of the international application papers, the receiving Office will invite applicant to correct the deficiency within a set time limit.”

PCT Article 11(2) and PCT Rule 20.3.

In such case, the international filing date will be the date on which a timely filed correction is received by the receiving Office.

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