Comments on: Q) PCT (30 months)

By: dcnative

dcnative — Sat, 14 Jan 2012 15:31:15 +0000

Agreed.

By: E

Fri, 18 Nov 2011 04:00:12 +0000

1893.01(a)(1) Applicant may file fee/ IA copy using Express Mail procedures set for in 37 CFR 1.10

By: maggie

maggie — Wed, 19 Oct 2011 18:27:02 +0000

I think the one weird thing is to overcome a 102(e) rejection from examiner you CAN use foreign priority! But you can’t use foreign priority to est your 102(e) date.

The filing date can also be antedated by applicant’s earlier foreign priority application or provisional application if 35 U.S.C. 119 is met and the foreign application or provisional application “supports” (conforms to 35 U.S.C. 112, first paragraph, requirements) all the claims of the U.S. application.

By: maggie

maggie — Wed, 19 Oct 2011 18:13:58 +0000

For Post 11/29/2000 app 102(e) dates are based on the Earliest Effective US Filing date for
(1) Domestic 119(e) and 120
(2) International/USA 365(c)
(3) but NOT Foreign filing dates 119(a-d)

102(e) dates for Pre-11/29/2000 app are base when last component to complete application shows up (usually oath)

By: Bigbadvoododaddy

Bigbadvoododaddy — Mon, 11 Jul 2011 21:25:22 +0000

It is allowed, if I read your question where he submits spec to mean a copy of the IA. Then it is allowed.
If you mean no IA only literally the spec – then it is abandoned.

By: Bigbadvoododaddy

Bigbadvoododaddy — Sat, 02 Jul 2011 23:09:24 +0000

ANDY – THINK YOU ARE MISTAKEN.
If the potential reference resulted from, or claimed the benefit of, an international application, the following must be determined:
(1)If the international application meets the following three conditions:
(a)an international filing date on or after November 29, 2000;
(b)designated the United States; and
(c)published under PCT Article 21(2) in English,
then the international filing date is a U.S. filing date for prior art purposes under 35 U.S.C. 102(e).**** If such an international application properly claims benefit to an earlier-filed U.S. or international application, or to an earlier-filed U.S. provisional application, apply the reference under 35 U.S.C. 102(e) as of the earlier filing date, assuming all the conditions of 35 U.S.C. 102(e), 119(e), 120, or 365(c) are met. *****The subject matter used in the rejection must be disclosed in the earlier-filed application in compliance with 35 U.S.C. 112, first paragraph, in order for that sub706.02(
f)(1) MANUAL OF PATENT EXAMINING PROCEDURE
Rev. 6, Sept. 2007 700-30
ject matter to be entitled to the earlier filing date under 35 U.S.C. 102(e). Note, where the earlier application is an international application, the earlier international application must satisfy the same three conditions (i.e., filed on or after November 29, 2000, designated the U.S., and had been published in English under PCT Article 21(2)) for the earlier international filing date to be a U.S. filing date for prior art purposes under 35 U.S.C. 102(e).

By: Bigbadvoododaddy

Bigbadvoododaddy — Sat, 02 Jul 2011 23:03:52 +0000

by properly received fee – you mean it should be before the last date?
As I read it, if the fee is deposited by express mail on the date of the deadline, you are good. (371 says “by the date of commencement of the national stage”) US national stage will commence upon expiration of 30 mos from priority date – so date of the deadline counts.
I think you are mistaken babyeater

By: BeNice

BeNice — Fri, 06 May 2011 04:11:35 +0000

To begin entry into the national stage, applicant is required to comply with 37 CFR 1.495(b) within 30 months from the priority date. Thus, applicant must pay the basic national fee on or before 30 months from the priority date and be sure that a copy of the international application has been received by the U.S. Designated or Elected Office prior to expiration of 30 months from the priority date.

Facsimile transmission is not acceptable for submission of the basic national fee and/or the copy of the international application. See 37 CFR 1.6(d). Likewise, the certificate of mailing procedures of 37 CFR 1.8 do not apply to the filing of the copy of the international application and payment of the basic national fee. See 37 CFR 1.8(a)(2)(i)(F).

By: Brandon

Brandon — Sat, 05 Feb 2011 20:05:40 +0000

rainliner:
I think you may be confusing patentbar’s post. Let me try to clarify:

An IA filed pre-11/29/2000, or an IA publication based on an IA filed pre-11/29/2000, can NEVER get a 102(e) date, as they are not considered to be filed w/in the U.S. for purposes of 102(e).

However, a PATENT issuing from the national stage entry of an IA filed pre-11/29/2000 gets a 102(e) date corresponding to the date that 371(c)(1), (2) and (4) are satisfied, and not until they are ALL satisfied.

Thus, if and when a patent issues based off that national stage entry, it will have a 102(e) date corresponding to the day the last of the national fee, copy of IA (and translation if not in English), and oath are submitted.

Hope that helps.

By: studier

studier — Sat, 04 Dec 2010 18:28:26 +0000

And regarding the original question as to abandonment, etc….

1893.02 Abandonment [R-1]
If the requirements of 35 U.S.C. 371(c) are not
complied with by the time period set in ** 37 CFR
1.495(b) and (c), ** the application is considered to
be abandoned, see ** 37 CFR 1.495(h).
Examiners and applicants should be aware that
sometimes papers filed for the national stage are deficient
and abandonment results. For example, if the fee
submitted does not include at least the amount of the
basic national fee that is due, the application becomes
abandoned.
Applicant may file a petition to revive an abandoned
application in accordance with the provisions
of 37 CFR 1.137. See MPEP § 711.03(c).