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MPEP § National Fees, and Publication of the Application

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Chapter 1800 Patent Cooperation Treaty 1801 Basic Patent Cooperation Treaty (PCT) 1834 Correspondence Principles 1834.01 Filing of Correspondence by 1802 PCT De®nitions Facsimile 1803 Reservations Under the PCT Taken by, 1834.02 Irregularities in the Mail or Electronic and Noti®cations of Incompatibility Communications Service Made by, the United States of America 1835 [Reserved] 1804 [Reserved] 1836 Recti®cation of Obvious Mistakes 1805 Where To File an International 1837 [Reserved] Application -1839 1806 Applicants and Inventors 1840 The International Searching Authority 1807 Agent or Common Representative and 1840.01 The European Patent Of®ce as an General Power of Attorney International Searching Authority 1808 Change in or Revocation of the 1840.02 The Korean Intellectual Property Appointment of an Agent or a Common Of®ce as an International Searching Representative Authority 1809 PAIR Access 1840.03 The Australian Patent Of®ce (IP 1810 Filing Date Requirements Australia) as an International 1811 [Reserved] Searching Authority 1812 Elements of the International 1840.04 The Federal Service for Intellectual Application Property (Rospatent) (Russian 1813 [Reserved] Federation) as an International -1816 Searching Authority 1817 PCT Member States 1840.05 The Israel Patent Of®ce (ILPO) as an 1818 [Reserved] International Searching Authority 1819 Earlier Search 1840.06 The Japan Patent Of®ce (JPO) as an 1820 Signature of Applicant International Searching Authority 1821 The Request 1840.07 The Intellectual Property Of®ce of 1822 [Reserved] Singapore (IPOS) as an International 1823 The Description Searching Authority 1823.01 Reference to Deposited Biological 1841 [Reserved] Material 1842 Basic Flow Under the PCT 1823.02 Nucleotide and/or Amino Acid 1843 The International Search Sequence Listings, and Tables 1843.01 Prior Art for Chapter I Processing Related to Sequence Listings 1843.02 Certain Subject Matter Need Not Be 1824 The Claims Searched 1825 The Drawings 1843.03 No Search Required if Claims Are 1826 The Abstract Unclear 1827 Fees 1843.04 Procedure for Claims Not Required 1827.01 Refund of International Application To Be Searched and for Claims That Fees Are Unclear 1828 Priority Claim and Document 1843.05 Time Limit for Establishing the 1828.01 Restoration of the Right of Priority International Search Report and the 1828.02 Continuation or Continuation-in-Part Written Opinion of the International Indication in the Request Searching Authority 1829 [Reserved] 1844 The International Search Report 1830 International Application Transmittal 1844.01 Preparing the International Search Letter Report (Form PCT/ISA/210) 1831 [Reserved] 1845 Written Opinion of the International 1832 License Request for Foreign Filing Searching Authority Under the PCT 1833 [Reserved] 1800-1 Rev. 10.2019, June 2020 MANUAL OF PATENT EXAMINING PROCEDURE 1845.01 Preparing the Written Opinion of the the Start of International Preliminary International Searching Authority Examination (Form PCT/ISA/237) 1872 Availability of the International 1845.02 Noti®cation of Transmittal of the Application File for International International Search Report and the Preliminary Examination by the Written Opinion of the International Examining Corps Searching Authority, or the 1873 [Reserved] Declaration (Form PCT/ISA/220) 1874 Determination if International 1846 [Reserved] Preliminary Examination Is Required -1847 and Possible 1848 Sequence Listings 1875 Unity of Invention Before the 1849 [Reserved] International Preliminary Examining 1850 Unity of Invention Before the Authority International Searching Authority 1875.01 Preparation of Invitation Concerning 1851 Identi®cation of Patent Documents Unity 1852 Taking Into Account Results of Earlier 1875.02 Reply to Invitation Concerning Lack Search(es) of Unity of Invention 1853 Amendment Under PCT Article 19 1876 Notation of Errors and Informalities 1854 [Reserved] by the Examiner -1855 1876.01 Request for Recti®cation and 1856 Supplementary International Searches Noti®cation of Action Thereon 1857 International Publication 1877 Nucleotide and/or Amino Acid 1858 [Reserved] Sequence Listings During the 1859 Withdrawal of International International Preliminary Examination Application, Designations, or Priority 1878 Preparation of the Written Opinion of Claims the International Preliminary 1860 International Preliminary Examination Examining Authority Procedure 1878.01 [Reserved] 1861 [Reserved] 1878.01(a) Prior Art for Purposes of the 1862 Agreement With the International Written Opinion and the Bureau To Serve as an International International Preliminary Preliminary Examining Authority Examination Report 1863 [Reserved] 1878.01(a)(1) Novelty for Purposes of the 1864 The Demand and Preparation for Filing Written Opinion and the of Demand International Preliminary 1864.01 Amendments Filed Under PCT Examination Report Article 34 1878.01(a)(2) Inventive Step for Purposes 1864.02 Applicant's Right To File a Demand of the Written Opinion and 1864.03 States Which May Be Elected the International Preliminary 1864.04 Agent's Right To Act Examination Report 1865 Filing of Demand 1878.01(a)(3) Industrial Applicability for 1866 [Reserved] Purposes of the Written 1867 Preliminary Examination Fees Opinion and the International 1868 Correction of Defects in the Demand Preliminary Examination 1869 Noti®cation to International Bureau of Report Demand 1878.02 Reply to the Written Opinion of the 1870 Priority Document and Translation ISA or IPEA Thereof 1879 Preparation of the International 1871 Processing Amendments Filed Under Preliminary Examination Report Article 19 and Article 34 Prior to or at 1879.01 Time Limit for Preparing Report Rev. 10.2019, June 2020 1800-2 PATENT COOPERATION TREATY § 1801 1879.02 Transmittal of the International 1893.03(f) Drawings and PCT Rule 11 Preliminary Examination Report 1893.03(g) Information Disclosure Statement 1879.03 Translations in a National Stage Application 1879.04 Con®dential Nature of the Report 1894 [Reserved] 1880 Withdrawal of Demand or Election 1895 A Continuation, Divisional, or 1881 Receipt of Notice of Election and Continuation- in- Part Application of Preliminary Examination Report by a PCT Application Designating the the United States Patent and United States Trademark Of®ce 1895.01 Handling of and Considerations in the 1882 [Reserved] Handling of Continuations, Divisions, -1892 and Continuations-In-Part of PCT 1893 National Stage (U.S. National Applications Application Filed Under 35 U.S.C. 371) 1896 The Differences Between a National 1893.01 Commencement and Entry Application Filed Under 35 U.S.C. 1893.01(a) Entry via the U.S. Designated or 111(a) and a National Stage Application Elected Of®ce Submitted Under 35 U.S.C. 371 1893.01(a)(1) Submissions Required by 30 Months from the Priority INTRODUCTION [R-07.2015] Date 1893.01(a)(2) Article 19 Amendment (Filed This chapter is designed to be a guide for patent With the International examiners in searching and examining applications Bureau) ®led under the Patent Cooperation Treaty (PCT). 1893.01(a)(3) Article 34 Amendments Applicants desiring additional information for ®ling (Filed with the International international applications should obtain a copy of Preliminary Examining the PCT Applicant's Guide from the World Authority) Intellectual Property Organization (WIPO) in 1893.01(a)(4) Claim Amendment (Filed Geneva, Switzerland. With the U.S. Designated or Elected Of®ce) The Articles and Regulations under the PCT are 1893.01(b) Applicant for a U.S. National reproduced in Appendix T of this Manual and the Stage Application Administrative Instructions are reproduced in 1893.01(c) Fees Appendix AI of this Manual. The text of the PCT 1893.01(d) Translation Applicant's Guide, the monthly PCT Newsletter, 1893.01(e) Inventor's Oath or Declaration the weekly PCT Gazette, downloadable PCT forms, 1893.02 Abandonment and additional information about the processing of 1893.03 Prosecution of U.S. National Stage international applications are available from WIPO's Applications Before the Examiner website (www.wipo.int). 1893.03(a) How To Identify That an Application Is a U.S. National PCT applications are processed by the International Stage Application Application Processing Division within the U.S. 1893.03(b) The Filing Date of a U.S. Patent and Trademark Of®ce. National Stage Application 1893.03(c) The Priority Date, Priority Claim, 1801 Basic Patent Cooperation Treaty (PCT) and Priority Papers for a U.S. Principles [R-10.2019] National Stage Application 1893.03(d) Unity of Invention I. MAJOR CONCEPTS OF THE PCT 1893.03(e) Documents Received from the International Bureau and Placed in a U.S. National Stage The Patent Cooperation Treaty (PCT) enables the Application File U.S. applicant to ®le one application, ªan 1893.03(e)(1) Title of the Invention 1800-3 Rev. 10.2019, June 2020 § 1801 MANUAL OF PATENT EXAMINING PROCEDURE international application,º in a standardized format The ®ling, search and publication procedures are in English in the U.S. Receiving Of®ce (the U.S. provided for in Chapter I of the PCT. Additional Patent and Trademark Of®ce), and have that procedures for a preliminary examination of PCT application acknowledged as a regular national or international applications are provided for in optional regional ®ling in as many Contracting States to the PCT Chapter II. PCT as the applicant ªdesignates,º i.e., names, as countries or regions in which patent protection is In most instances, a national U.S. application is ®led desired.
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