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filing 371 application

Dec 18,  · The copy of the international application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to comply with these requirements shall be regarded as abandonment of the application by the parties thereof. •Requirements for a National Stage application are: –Designation as a National Stage application; –The national fee; –Inventor’s Declaration (can be filed later); –Translation, if applicable (can be filed later); and –Copy of International (PCT) Application (but only in certain circumstances, like filing before publication) •Need to file a copy of. Form PTO/DO/EO/ in a national stage application having an international filing date prior to September 16, identifies the (c) date as the date of receipt of the 35 U.S.C. (c) (1), (c) (2), and (c) (4) requirements, while Form PTO/DO/EO/ in a national stage application having an international filing date on or after September


National Stage (U.S. National Application Filed Under 35 U.S.C. )


There are three types of U. See 37 CFR 1. An applicant who uses the Patent Cooperation Treaty gains the benefit of:. The time delay is, however, the benefit most often recognized filing 371 application primary. Ultimately, applicant might choose to submit the national stage application.

The national stage is filing 371 application compared to a domestic national application in that:. Once an international application entering the U. Therefore, processing is expedited if the U. The international application number, filing 371 application, international filing date, and the national stage entry date under 35 U. Subject to 35 U. See 35 U. PCT Articles 22 122 2and 39 1 a provide for a time limit of not later than the expiration of 30 months from the priority date.

Thus, in the absence of an express request for early processing of an international application under 35 U. Pursuant to 35 U. Entry into the national stage occurs upon completion of certain acts, as provided in 37 CFR 1. For international applications having an international filing date before September 16,the international application enters the national stage when the applicant has filed the documents and fees required by 35 U, filing 371 application.

For international applications having an international filing date on or after September 16,the international application enters the national stage filing 371 application the applicant has filed the documents and fees required by 35 U, filing 371 application.

Thus, for international applications having an international filing date on or after September 16,submission of the oath or declaration of the inventor under 35 U. An international application designating the U. Designated Office unless a Demand electing the U. Elected Office. To filing 371 application abandonment of an international application as to the United States, applicant is required to comply with 37 CFR 1.

Thus, applicant must pay filing 371 application basic national fee not later than the expiration of 30 months from the priority date and be sure that a copy of the international application has been received by the U. Designated or Elected Office not later than the expiration of 30 months from the priority date. Where the international application was filed with the United States Receiving Office as filing 371 application competent receiving Office, the copy of the international application referred to in 37 CFR 1.

Likewise, filing 371 application, the certificate of mailing procedures of 37 CFR 1. Applicants cannot pay the basic national fee with a surcharge after the 30 month deadline. Failure to pay the basic national fee within 30 months from the priority date will result in abandonment of the application.

The time for payment of the basic national filing 371 application is not extendable. Similarly, the copy of the international application required under 37 CFR 1. A copy of the international application is published by the International Bureau at about 18 months from the priority date, at which time the published application becomes available to the U. Designated or Elected Office in electronic form in a digital library from which the U. Designated or Elected Office is entitled to retrieve the application, filing 371 application.

Pursuant to PCT Rule 93bis bthe publication of the international application by the International Bureau and the resulting availability of the published application in a digital library is considered to effect the required communication of the copy of the international application to the U. Designated or Elected Office. Thus, publication of an international application by the International Bureau within 30 months from the priority date is considered to satisfy the requirement of 37 CFR 1.

Where the basic national fee has been paid and the copy of the international application if required has been received not later than the filing 371 application of 30 months from the priority date, but applicant has omitted any required item set forth in 37 CFR 1. If the international filing date is prior to September 16, and the basic national fee has been paid and the copy of the international application if required has been received not later than the expiration of 30 months from the priority date, but the required oath or declaration, translation, search fee 37 CFR 1.

The time period usually set is 2 months from the date of the notification by the Office or 32 months from the priority date, filing 371 application, whichever is later. This period may be extended for up to 5 additional months pursuant to the provisions of 37 CFR 1. Failure to timely file the proper reply to the notification will result in abandonment of the national stage application. The processing fee set forth in 37 CFR 1.

If the international filing date is on or after September 16,filing 371 application, the filing of the oath or declaration may be postponed until the application is otherwise in condition for allowance if applicants submit an application data sheet in accordance with 37 CFR 1. For further information regarding the oath or declaration required under 35 U. For further information regarding the translation required under 35 U.

The claims of an international application may be amended under PCT Article 19 after issuance of the search report. The description and drawings may not be amended under PCT Article The amendment is forwarded to the U. Designated Office by the International Bureau for inclusion in the U. Article 19 amendments including a complete claim set in English will be entered by replacing the original English language claims of the international application with the amended claim set.

If the Article 19 amendments were made in a language other than English, applicant must provide an English translation for the U. Otherwise, the amendment s will be considered to be canceled, 35 U. Article 19 amendments filed before Filing 371 application 1, were not required to include a complete claim set and the pages of the translation would not have been entered as replacement claim sheets where entry would have resulted in an inconsistency in the flow of the claims from the bottom of one page to the top of the following page.

In such situations, applicants are encouraged to submit a preliminary amendment in accordance with 37 CFR 1. Amendments to the international application that were properly made under PCT Article 34 during the international preliminary examination phase i.

If these annexes are in English, they will normally be entered into the U. However, if entry of the replacement sheets will result in an obvious inconsistency in the description, claims or drawings of the international application, then the annexes will not be entered. If the annexes are in a foreign language, a proper filing 371 application of the annexes must be furnished to the Office not later than the expiration of 30 months from the priority date, unless a period has been set pursuant filing 371 application 37 CFR 1.

Annexes for which translations are not timely received will be considered canceled. Amendments made under PCT Article 34 to filing 371 application international application after commencement and entry into the U.

However, applicants may still amend the U. Where an English translation of the annexes is provided, the translation must be such that the translation of the originally filed application can be changed by replacing the originally filed application page s of translation with substitute page s of translation of the annex. Thus, filing 371 application, applicant should check to be sure that the English translation can be entered by substituting the pages of translation for corresponding pages of the description or claims of the international application without leaving an inconsistency.

If entry of the page of translation causes inconsistencies in the description or claims of the international application the translation will not be entered. This enables the original translated first page of claims to be replaced by the translation of the annex without changing the subsequent unamended page s. Alternatively applicant may submit a preliminary amendment in accordance with 37 CFR 1. The fact that an amendment made to the international application during the international phase was entered in the national stage application does not necessarily mean that the amendment is proper, filing 371 application.

See PCT Article 34 2 b. Where it is determined that such amendments introduce new matter into the application, then the examiner should proceed as in the case of regular U. For the manner of making amendments and the required format, see the applicable U.

One of the requirements for effectively amending claims in a national phase application is a complete listing of all claims ever presented, including the text of all pending and withdrawn claims. The status filing 371 application every claim in such listing must be indicated after its claim number by one of the following identifiers in a parenthetical expression: Originalfiling 371 application, Currently AmendedCanceledfiling 371 application, WithdrawnPreviously PresentedNewand Not Entered.

Proposed amendments that are not submitted in compliance with the applicable regulations will not be entered. For example, the submission with the national phase documents of a revised set of claims, absent filing 371 application preliminary amendment to the claims in compliance with 37 CFR 1. If an inventor is deceased or under legal incapacity, the legal representative of the inventor may make an application for patent on behalf of the inventor. If an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative upon proper intervention.

In general, for U, filing 371 application. Consequently, for national stage applications having an international filing date on or after September 16,the applicant may be: a the inventor s ; b the legal representative of a deceased or legally incapacitated inventor; c the assignee; d the obligated assignee i.

For national stage applications having an international filing 371 application date on or after September 16,filing 371 application, the person identified in the international stage as the applicant for the United States will normally be considered the applicant for the U. Where the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: the fee set forth in 37 CFR 1. The name of filing 371 application applicant may be corrected or updated, or the applicant may be changed, in accordance with the procedure set forth in 37 CFR 1.

A request to change the applicant under 37 CFR 1. The 37 CFR 3, filing 371 application. Because the national stage fees are subject to change, applicants and examiners should always consult the Official Gazette for the current fee listing. The basic national fee must be paid prior to the expiration of 30 months from the priority date to avoid abandonment of the international application filing 371 application to the United States, filing 371 application.

This time period is not extendable. The search fee required under 37 CFR 1. Fees under 37 CFR 1. National stage fees are specifically provided for in 37 CFR 1, filing 371 application. However, an authorization to charge fees under 37 CFR 1. A preliminary amendment accompanying the initial national stage submission under 35 U.

The application size fee for a national stage application 37 CFR 1. Specifically, the application size fee is calculated on the basis of the number of sheets of description including a sequence listing in portable document format PDFclaims, drawings, and abstract present in the published international application. This calculation is made without regard to the language of publication.

Certain other sheets typically present in the international publication are not taken into account in determining the application size fee, i. Nor are Article 34 amendments or preliminary amendments taken into account in determining the application size fee, filing 371 application. Applicants entering the national stage in the U.

The translation must be a translation of the international application as filed or with any changes which have been properly accepted under PCT Rule 26 or any rectifications which have been properly accepted under PCT Rule A translation of less than all of the international application e.

 

 

filing 371 application

 

•Requirements for a National Stage application are: –Designation as a National Stage application; –The national fee; –Inventor’s Declaration (can be filed later); –Translation, if applicable (can be filed later); and –Copy of International (PCT) Application (but only in certain circumstances, like filing before publication) •Need to file a copy of. The (c) date, not the international filing date, is the date that appears in the “Filing or (c) Date” box on the filing receipt and the application data sections of PALM and PAIR. Form PTO/DO/EO/ in a national stage application having an international filing date prior to September 16, identifies the (c) date as the date of receipt of the 35 U.S.C. (c) (1), (c) (2), and (c) (4) requirements, while Form PTO/DO/EO/ in a national stage application having an international filing date on or after September