Comments on: Q) Missing Parts (30 days) – PCT http://mypatentbar.com/2008/08/18/q-missing-parts-pct/ Patent Bar Review and Study Guide Wed, 08 Sep 2010 20:43:39 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Matt http://mypatentbar.com/2008/08/18/q-missing-parts-pct/#comment-3426 Matt Sun, 08 Aug 2010 04:34:30 +0000 http://patentbar.wordpress.com/?p=576#comment-3426 The best answer I could find in 1810 was: "If the defect under PCT Article 11(1) is not timely corrected, the receiving Office will promptly notify the applicant that the application is not and will not be treated as an international application" In regards to not paying the fees on time, the MPEP is clearer and states that the app is "withdrawn." The best answer I could find in 1810 was:

“If the defect under PCT Article 11(1) is not timely corrected, the receiving Office will promptly notify the applicant that the application is not and will not be treated as an international application”

In regards to not paying the fees on time, the MPEP is clearer and states that the app is “withdrawn.”

]]> By: sethz http://mypatentbar.com/2008/08/18/q-missing-parts-pct/#comment-1384 sethz Fri, 22 Jan 2010 19:54:53 +0000 http://patentbar.wordpress.com/?p=576#comment-1384 20.2 Receipt on Different Days (a) In cases where all the sheets pertaining to the same purported international application are not received on the same day by the receiving Office, that Office shall correct the date marked on the request (still leaving legible, however, the earlier date or dates already marked) so that it indicates the day on which the papers completing the international application were received, provided that (i) where no invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within 30 days from the date on which sheets were first received; (ii) where an invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within the applicable time limit under Rule 20.6; (iii) in the case of Article 14(2), the missing drawings are received within 30 days from the date on which the incomplete papers were filed; (iv) the absence or later receipt of any sheet containing the abstract or part thereof shall not, in itself, require any correction of the date marked on the request. (b) Any sheet received on a date later than the date on which sheets were first received shall be marked by the receiving Office with the date on which it was received. 20.2 Receipt on Different Days
(a)
In cases where all the sheets pertaining to the same purported international application are not received on the same day by the receiving Office, that Office shall correct the date marked on the request (still leaving legible, however, the earlier date or dates already marked) so that it indicates the day on which the papers completing the international application were received, provided that
(i)
where no invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within 30 days from the date on which sheets were first received;
(ii)
where an invitation under Article 11(2)(a) to correct was sent to the applicant, the said papers are received within the applicable time limit under Rule 20.6;
(iii) in the case of Article 14(2), the missing drawings are received within 30 days from the date on which the incomplete papers were filed;
(iv)
the absence or later receipt of any sheet containing the abstract or part thereof shall not, in itself, require any correction of the date marked on the request.
(b)
Any sheet received on a date later than the date on which sheets were first received shall be marked by the receiving Office with the date on which it was received.

]]> By: cdv http://mypatentbar.com/2008/08/18/q-missing-parts-pct/#comment-1383 cdv Wed, 30 Dec 2009 16:07:05 +0000 http://patentbar.wordpress.com/?p=576#comment-1383 20.6 Invitation to Correct (a) The invitation to correct under Article 11(2) shall specify the requirement provided for under Article 11(1) which, in the opinion of the receiving Office, has not been fulfilled. (b) The receiving Office shall promptly mail the invitation to the applicant and shall fix a time limit, reasonable under the circumstances of the case, for filing the correction. The time limit shall not be less than 10 days, and shall not exceed one month, from the date of the invitation. If such time limit expires after the expiration of one year from the filing date of any application whose priority is claimed, the receiving Office may call this circumstance to the attention of the applicant. 20.6 Invitation to Correct
(a)
The invitation to correct under Article 11(2) shall specify the requirement provided for under Article
11(1) which, in the opinion of the receiving Office, has not been fulfilled.
(b)
The receiving Office shall promptly mail the invitation to the applicant and shall fix a time limit, reasonable under the circumstances of the case, for filing the correction. The time limit shall not be less than 10 days, and shall not exceed one month, from the date of the invitation. If such time limit expires after the expiration of one year from the filing date of any application whose priority is claimed, the receiving Office may call this circumstance to the attention of the applicant.

]]> By: cindy http://mypatentbar.com/2008/08/18/q-missing-parts-pct/#comment-1382 cindy Mon, 29 Jun 2009 23:23:09 +0000 http://patentbar.wordpress.com/?p=576#comment-1382 I don't agree with this. First of All, Rule 20.6 has nothing to do with time limits. I think you meant Rule 26. Both Rule 26 and Rule 20.7 set up a 2 months time limit from the date of the invitation... I don’t agree with this. First of All, Rule 20.6 has nothing to do with time limits. I think you meant Rule 26.
Both Rule 26 and Rule 20.7 set up a 2 months time limit from the date of the invitation…

]]> By: newbee http://mypatentbar.com/2008/08/18/q-missing-parts-pct/#comment-1381 newbee Fri, 29 May 2009 20:23:38 +0000 http://patentbar.wordpress.com/?p=576#comment-1381 So, in the above qs, if 2nd submission is not within 30 days- is the applicn abandoned? i.e. no filing date accorded since the spec wasn't provided in a complete form. So, in the above qs, if 2nd submission is not within 30 days- is the applicn abandoned? i.e. no filing date accorded since the spec wasn’t provided in a complete form.

]]> By: patentbar http://mypatentbar.com/2008/08/18/q-missing-parts-pct/#comment-1380 patentbar Mon, 18 Aug 2008 20:44:16 +0000 http://patentbar.wordpress.com/?p=576#comment-1380 Also, How do you make corrections to a PCT application? Specifically, when and which office to use. Also, How do you make corrections to a PCT application? Specifically, when and which office to use.

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