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MPEP Chapter 1800

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MPEP Chapter 1800 Chapter 1800 Patent Cooperation Treaty 1842 Basic Flow Under the PCT 1801 Basic Patent Cooperation Treaty (PCT) 1843 The International Search Principles 1843.01 Prior Art for Chapter I Processing 1802 PCT Definitions 1843.02 Certain Subject Matter Need Not Be Searched 1803 Reservations Under the PCT Taken by 1843.03 No Search Required if Claims Are Unclear the United States of America 1843.04 Procedure for Claims Not Required To Be 1805 Where to File an International Application Searched and for Claims That Are Unclear 1807 Agent or Common Representative and General 1843.05 Time Limit for Establishing the International Power of Attorney Search Report and the Written Opinion of the 1808 Change in or Revocation of the Appointment International Searching Authority of an Agent or a Common Representative 1844 The International Search Report 1810 Filing Date Requirements 1844.01 Preparing the International Search Report 1812 Elements of the International Application (Form PCT/ISA/210) 1817 PCT Member States 1845 Written Opinion of the International Searching 1817.01 Designation of States in International Authority Applications Having an International Filing 1845.01 Preparing the Written Opinion of the Date on or After January 1, 2004 International Searching Authority (Form PCT/ 1817.01(a) Designation of States and Precautionary ISA/237) Designations in International Applications 1845.02 Notification of Transmittal of the International Having an International Filing Date Before Search Report and the Written Opinion of the January 1, 2004 International Searching Authority, or the 1817.02 Continuation or Continuation-in-Part Declaration (Form PCT/ISA/220) Indication in the Request 1846 Sections of the Articles, Regulations, and 1819 Earlier International or International-Type Administrative Instructions Under the PCT Search Relevant to the International Searching 1820 Signature of Applicant Authority 1821 The Request ** 1823 The Description 1848 Sequence Listings and Tables Related 1823.01 Reference to Deposited Biological Material to Sequence Listings 1823.02 Nucleotide and/or Amino Acid Sequence 1850 Unity of Invention Before the International Listings, and Tables Related to Sequence Searching Authority Listings 1851 Identification of Patent Documents 1824 The Claims 1852 International-Type Search 1825 The Drawings 1853 Amendment Under PCT Article 19 1826 The Abstract 1857 International Publication 1827 Fees 1857.01 Prior Art Effect of the International Publication >1827.01 Refund of International Application Fees< 1859 Withdrawal of International Application, 1828 Priority Claim and Document Designations, or Priority Claims >1828.01 Restoration of the Right of Priority< 1860 International Preliminary Examination 1830 International Application Transmittal Letter Procedure for Applications Having an 1832 License Request for Foreign Filing Under the International Filing Date On or After January PCT 1, 2004 1834 Correspondence 1860.01 International Preliminary Examination 1834.01 Use of Telegraph, Teleprinter, Facsimile Procedure for Applications Having an Machine International Filing Date Before January 1, 1834.02 Irregularities in the Mail Service 2004 1836 Rectification of Obvious *>Mistakes< 1862 Agreement With the International Bureau To 1840 The International Searching Authority Serve as an International Preliminary 1840.01 The European Patent Office as an International Examining Authority Searching Authority 1864 The Demand and Preparation for Filing of 1840.02 The Korean Intellectual Property Office as an Demand International Searching Authority 1864.01 Amendments Filed Under PCT Article 34 1800-1 Rev. 6, Sept. 2007 MANUAL OF PATENT EXAMINING PROCEDURE 1864.02 Applicant’s Right To File a Demand 1878.01(a)(1) Novelty for Purposes of the Written Opinion 1864.03 States Which May Be Elected and the International Preliminary 1864.04 Agent’s Right To Act Examination Report 1865 Filing of Demand 1878.01(a)(2) Inventive Step for Purposes of the Written 1865.01 The European Patent Office as an International Opinion and the International Preliminary Preliminary Examining Authority Examination Report 1866 Filling in of Headings on Chapter II Forms 1878.01(a)(3) Industrial Applicability for Purposes of the 1867 Preliminary Examination Fees Written Opinion and the International 1868 Correction of Defects in the Demand Preliminary Examination Report 1869 Notification to International Bureau of Demand 1878.02 Reply to the Written Opinion of the ISA or 1870 Priority Document and Translation Thereof IPEA 1871 Processing Amendments Filed Under Article 19 1879 Preparation of the International Preliminary and Article 34 Prior to or at the Start of Examination Report International Preliminary Examination in 1879.01 Time Limit for Preparing Report in International Applications Having an International Applications Having an International Filing Date on or After January 1, International Filing Date On or After January 1, 2004 2004 1871.01 Processing Amendments Filed Under Article 19 1879.01(a) Time Limit for Preparing Report in and Article 34 Prior to or at the Start of International Applications Having an International Preliminary Examination in International Filing Date Before January 1, International Applications Having an 2004 International Filing Date Before January 1, 1879.02 Transmittal of the International Preliminary 2004 Examination Report 1872 **>Availability of the International Application 1879.03 Translations File for International Preliminary Examination 1879.04 Confidential Nature of the Report by< the Examining Corps 1880 Withdrawal of Demand or Election 1874 Determination if International Preliminary 1881 Receipt of Notice of Election and Preliminary Examination Is Required and Possible Examination Report by the United States 1875 Unity of Invention Before the International Patent and Trademark Office Preliminary Examining Authority 1893 National Stage (U.S. National Application Filed 1875.01 Preparation of Invitation Concerning Unity Under 35 U.S.C. 371) 1875.02 Reply to Invitation Concerning Lack of Unity 1893.01 Commencement and Entry of Invention 1893.01(a) Entry via the U.S. Designated or Elected Office 1876 Notation of Errors and Informalities by the 1893.01(a)(1) Submissions Required by 30 Months from Examiner the Priority Date 1876.01 Request for Rectification and Notification of 1893.01(a)(2) Article 19 Amendment (Filed With the Action Thereon International Bureau) 1877 Nucleotide and/or Amino Acid Sequence 1893.01(a)(3) Article 34 Amendments (Filed with the Listings During the International Preliminary International Preliminary Examining Examination Authority) 1878 Preparation of the Written Opinion of the 1893.01(c) Fees International Preliminary Examining 1893.01(d) Translation Authority in International Applications Having 1893.01(e) Oath/Declaration an International Filing Date on or After 1893.02 Abandonment January 1, 2004 1893.03 Prosecution of U.S. National Stage Applica- 1878.01 Preparation of the Written Opinion in tions Before the Examiner International Applications Having an 1893.03(a) How To Identify That an Application Is a U.S. International Filing Date Before January 1, National Stage Application 2004 1893.03(b) The Filing Date of a U.S. National Stage 1878.01(a) Prior Art for Purposes of the Written Opinion Application and the International Preliminary Examination 1893.03(c) The Priority Date, Priority Claim, and Priority Report Papers for a U.S. National Stage Application Rev. 6, Sept. 2007 1800-2 PATENT COOPERATION TREATY 1801 1893.03(d) Unity of Invention English in the U.S. Receiving Office (the U.S. Patent 1893.03(e) Documents Received from the International and Trademark Office), and have that application Bureau and Placed in a U.S. National Stage acknowledged as a regular national or regional filing Application File in as many Contracting States to the PCT as the appli- 1893.03(e)(1)Title of the Invention cant “designates” or “elects,” that is, names, as coun- 1893.03(f) Drawings and PCT Rule 11 tries or regions in which patent protection is desired. 1893.03(g) Information Disclosure Statement in a National (For international applications filed on or after Janu- Stage Application 1895 A Continuation , Divisional, or Continuation- ary 1, 2004, the filing of an international application in-Part Application of a PCT Application will automatically constitute the designation of all Designating the United States contracting countries to the PCT on that filing date.) 1895.01 Handling of and Considerations in the In the same manner, the PCT enables foreign appli- Handling of Continuations , Divisions, and cants to file a PCT international application, designat- Continuations-in-Part of PCT Applications ing the United States of America, in their home 1896 The Differences Between a National language in their home patent office and have the Application Filed Under 35 U.S.C. 111(a) and application acknowledged as a regular U.S. national a National Stage Application Submitted Under filing. The PCT also provides for an international 35 U.S.C. 371 search report and written opinion (for international applications filed on or after January 1, 2004) that are INTRODUCTION established normally at 16 months from the priority This chapter is designed to be a guide for patent date, and publication of the international application examiners in searching and examining applications after 18 months from the priority date. Upon payment filed under the Patent Cooperation Treaty (PCT). of national fees and the furnishing
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