Comments on: Q) PCT (MPEP 1800, Mexican Nationals)

By: Alfredo

Alfredo — Tue, 24 Jan 2012 17:47:27 +0000

I too saw overworkked’s variant 1/23/12.

By: Remanded

Remanded — Sat, 21 Jan 2012 00:34:55 +0000

Saw Overworkked’s variant, 20 January 2012.

By: Bagelman

Bagelman — Thu, 19 Jan 2012 18:02:26 +0000

Got this 1/18/12

By: ChemEEE

ChemEEE — Wed, 09 Nov 2011 23:29:35 +0000

Got Overworkked’s variant 11/7/11

chose same answer
E) – US won’t be receiving office b/c in Spanish

By: Jamecam

Jamecam — Mon, 31 Oct 2011 02:41:39 +0000

I got a variant of this question on 10/29/2011.

Two of the applicants were Mexican citizens. The third applicant was a Mexican citizen but resided in the United States. The application was entirely in Spanish.

The question asked whether the USPTO was a competent receiving office.

The answer choices included:
(1) incompetent because all applicants must be US citizens
(2) incompetent because all applicants must be US residents
(3) incompetent because all applicants must be both US citizens and US residents
(4) incompetent because at least one applicant must be both a US citizen and a US resident
(5) incompetent because the application is in Spanish

I chose option (5).

By: sgw

sgw — Sun, 16 Oct 2011 21:26:13 +0000

I got overwrkked one on 10/16/2011.

By: Greg

Greg — Thu, 13 Oct 2011 22:32:11 +0000

The fact that the international application was not in English when filed with the US/RO will not preclude the application from obtaining the filing date in which it would have been given by the US if the applicants were both a citizen/resident of the US and filed in English. The US/RO will forward the application to the IB.

Look at Section 1810 under “The International Filing Date”

“Under PCT Rule 19.4, the USPTO will receive the application on behalf of the IB as receiving office and, upon payment of a fee equal to the transmittal fee, the USPTO will promptly transmit the IA to the IB. Nontheless, the date the IA was filed in the USPTO will not be lost as a filing date for the IA if at least one applicant is a resident or national of ANY PCT Contracting State.

By: Remanded

Remanded — Mon, 19 Sep 2011 00:49:30 +0000

Saw Overworkked’s variant today, 18 September 2011.

By: ntl

ntl — Wed, 07 Sep 2011 12:45:35 +0000

Got this one on 09/06/11.

By: maggie

maggie — Sat, 27 Aug 2011 04:40:34 +0000

8/24/2011 (corporation) was a US national. 2 Mexican inventors, 1 US national, I choose was the receiving office because it will give a fling date from USPTO then be forward to IB after for lang problem.