Someone file PCT in Australia and finally went to national stage. On the expiration day of 30 months, he file the fee and specification and maybe drawing or else of application with express mail properly. What’s the result? I choose it is abandoned.
Is this correct?
{ 10 comments… read them below or add one }
More concepts tested on the exam re: PCT
PCT Questions
1) Filing date is same as filed at RO/US when everything’s right but all apps are non-US citizens
2) There is NO 102(e) date for a PCT national stage patent or publication filed after Nov. 29, 2000 that does not publish in English (even if Fee/Oath/Translation submitted)
3) Pre-Nov. 29, 2000 PCTs get a 102(e) date as of receipt of last of Fee/Oath/Translation
4) When an applicant doesn’t file a complete spec with the International RO, an invitation to correct will be sent, giving between 10 days and 1 month to correct (see PCT rule 26.2). However, the filing date accorded the application, much like with a Notice of Omitted Items, will be when the error is corrected; thus, if the 1-year term from the priority app sought to be claimed in the PCT expires DURING the 1-month period to correct, the latest you can really file the missing spec pieces is the 1-year deadline, regardless of how much time is left in the 1-month invitation. (Again, see PCT Rule 26.2 and MPEP 1810).
My reading of Rule 26.2 is that the applicant has two months, not one month, to correct the application and/or supply missing parts. The two-month deadline also appears consistent with Rule 20.7/a/i.
Thanks, Art Williams
I agree with you Art Williams. See my post http://mypatentbar.com/2008/08/18/q-missing-parts-pct/
Art, are you sure you’re looking at the rule from MPEP 8th Edition, 4th Revision?
I had PCT Question 2 re Pre-Nov. 29, 2000 PCTs get a 102(e) date as of receipt of last of Fee/Oath/Translation,
In my fact pattern, the very last thing received was the Oath!
I had a similar 102(e) question today:
date1=US app 1
date2=PCT app in Australia claiming priority to US app 1
date3=US app 2 is a continuation of PCT app
the question asks for the 102(e) date of US app 2 — the answer is date3
Do you remember if this was pre 11/29/00 or after?
I got this. Dont remember the fact pattern.
But the answer choices had something to do with 20 months, 26 months, 30 months and 36 months.
Got this question on 6/02/2010. Hoping there was a better answer here.
I rember the answer choices better than the fact pattern.
Fact pattern involves an Aussie PCT; US national stage; only submits specification, oath authorization to charge fees on the last day of the deadline.
Here are almost the exact answer choices:
a. Allowed
b. Disallowed
c. Allowed but need substitute specification
d. 371 treated as a 111
e. Abandoned
What is the answer??
If he mailed the fee via express mail on the date of the 30 month expiration, then the fee was not properly received *prior* to the expiration. Therefore the application is abandoned.