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Chapter 1800: PCT Applications


Summary

Rankings

Frequency

Training

Mind Map

Objectives

Key Terms

 

 

   Summary:

A Patent Cooperation Treaty (PCT) application enables a U.S. applicant to file one international application (known as the international phase) to the U.S. and have that international application acknowledged as a regularly nationally filed application (known as the national phase) in as many member PCT countries as he or she designates.

An international PCT application goes through the international phase initially. This includes:
  • Sending in the application and having the Receiving Office process it.
  • Establishing an International Search Report and Written Opinion (for applications filed on or after January 1, 2004) by one of the “International Search Authorities”.
  • Publishing the international application along with the international search report.
  • Establishing an international preliminary examination if desired.

Subsequently, the national phase will begin and the application is examined in the same manner as if it had been filed as a regular, nonprovisional application in each country designated in the international application.

The PTO may ask as many as 10 questions from this chapter and often the questions are highly complex. This chapter is one of the more complex, therefore, it is important to become familiar with the details it covers and where to find them within the MPEP. Please review this chapter several times along with taking the Workbook quizzes (both the fill-in-the-blank + true/false as well as the short answer quiz). Patent Bar questions on the PCT are very complex.

You will want to understand the facts or at the very least know where the material is located within the MPEP from this very important chapter. This includes taking notes and organizing them in a way that makes the most sense to you like you would expect to do when studying any complex material.

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   Chapter Ranking Chart:

Importance Ranking:
4-Stars
 
Volume of Material:
5-Stars
 
Complexity:
5-Stars
 
Overall Score:
4.7
 

 


   MPEP Section Frequency:
Key
2
4
6
8
10
1801
   
1803
   
1805
   
1810
   
1812
   
1817.01
   
1820
   
1843
   
1871
   
1879
   
1893
  1893.01  
1895
   

 

 

   Patent Training Workshop Videos:


   Mindmap:


   Objectives
  • Know the basic flow under the PCT.
  • Learn the timeline for the major events that take place when filing a PCT application.
  • Become familiar with the agencies within the PCT.
  • Learn about the International Search Report, the Written Opinion, and the International Preliminary Examination.
  • Know the difference between a national application and one that is filed as an international application that enters the national stage.
  • Know the following laws and rules:

37 C.F.R. 1.421

Applicant for international application.

37 C.F.R. 1.431

International application requirements.

37 C.F.R. 1.451

The priority claim and priority document in an international application.

37 C.F.R. 1.455

Representation in international applications.

37 C.F.R. 1.480

Demand for international preliminary examination.

37 C.F.R. 1.484

Conduct of international preliminary examination.

37 C.F.R. 1.485

Amendments by applicant during international preliminary examination.


   Key Terms