Patent Cooperation Treaty (PCT):
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A U.S. patent term is still 20 years from the filing date of the international application, not the date the application enters the national phase.
The U.S. Receiving Office continues to accept applications only in English.
An application may be filed to the U.S. Receiving Office only if one or more of the applicants is a resident or a national of the U.S.
Time limits under the PCT are measured from the priority date of the application:
- When there is no priority claim, the international filing date is considered the priority date.
International applications under the PCT are usually filed within 12 months after the filing of the first application containing the same subject matter so that the priority date of the first application may be claimed.
Then, an International Search Report and the Written Opinion (remember, this is only necessary for applications filed on or after January 1, 2004) must be established:
- The due date is 3 months from the receipt of the search copy by the ISA, or 9 months from the priority date, whichever is later.
International applications are published by the IB promptly after the expiration of 18 months of the priority date of the application.
National stage entry-PCT Chapter I:
- Prior to April 1, 2002, the national stage requirements were due no later than 20 months from the priority date.
- After the April 1, 2002 amendments, the national stage requirements were due no later than 30 months from the priority date if no demand has been filed.
- Note that not all Contracting States have changed their national laws to the 30 month period.
The national stage is unique compared to a domestic national application in that:
- It is submitted later (usually 30 months from a claimed priority date as compared to 12 months for a domestic application claiming priority).
- The status of the prior art is generally known before the national stage begins.
- This is not necessarily so in a domestic national application.
- Special provisions apply if the filing of an international application is to be taken into account in determining the patentability or validity of any application for a patent or a granted patent.
