Patent Cooperation Treaty (PCT)
Expect to see several very complex PCT exam questions when you take the Patent Bar exam. Make sure you take and pass the Workbook quizzes from chapter 1800. You may even want to take the Workbook quizzes multiple times. You will also want to extensively study chapter 1800 from the Guidebook. 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.
The exam questions on the Patent Bar exam covering the topic of AIA 35 U.S.C. 102 will be new (it's very unlikely you will see repeats of what we have created).
In addition, you may see more complex questions than what we have here. Unfortunately, with the copyright laws surrounding the exam we cannot anticipate these questions (only that you should expect to see a few that are more complex than what we have here). We just want to pass this information onto you so you know to learn as many facts from the chapters covering this material as possible (or at the very least, know where to find these facts in the MPEP).
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This is the 10.2019 version. |
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| Guidebook 1800 » |  |
Patent Cooperation Treaty |
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Download MPEP Chapter 1800 |
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This section briefly discusses oaths and declarations along with the main rules and statutes covering oaths and declarations.
A PCT application enables the U.S. applicant the ability to file one international application in the U.S. and have that application acknowledged as a regularly national filed application in as many member countries (Contracting States) as he or she designates.
A PCT filing may replace regular filings in the designated country (i.e. a U.S. applicant may file a PCT application designating the U.S. in English, to the U.S. Receiving Office, and the application will eventually be prosecuted by the U.S.)
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A foreign applicant may file a PCT international application designating the U.S. in their home language in their home patent office and have that application acknowledged as a regular U.S. national filing.
The U.S. Receiving Office continues to accept applications only in English. As far as the U.S. is concerned, international publication is not required. Further reservations under the PCT taken by the U.S. are covered in this section.
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. This section discusses further details on where to file an international application including mailing information.
This section covers the filing date requirements for gaining an international filing date. Essentially, an international filing date is accorded on the date which the international application was received by the receiving Office. It is possible to pay the application filing fees at a later date.
This section outlines the elements of an international application along with the main requirements.
This section covers the signature requirements of the applicant. An international application must be signed by the applicant, if there are two or more applicants, they (or all of their agents) must sign. Further details are discussed in this section.
The international search is a thorough, high quality search of the most relevant resources. This section covers details on the international search and instances where the subject matter need not be searched (these are usually instances of non patentable subject matter).
Amendments must not add subject matter which goes beyond the disclosure of the international application as originally filed. This section discusses details of amendments by the applicant during international preliminary examination.
This section covers the International Preliminary Examination Report (IPER). It includes a brief discussion of what it should include and when it should be established.
There are three types of U.S. national applications national stage applications under the PCT (those entering the national stage from an international application in compliance with PCT rules and laws), regular, domestic (nonprovisional) national applications, and provisional applications.
This section provides a detailed look at national stage applications. It includes a discussion on the commencement and entry, submissions required by 30-months, the correction of inventorship, and filing dates.
It is possible to file a U.S. national application under 35 U.S.C. 111(a) during the pendency of an international application designating the U.S. without completing the requirements for entering the national stage. This section further discusses filing a continuation, divisional, or continuation-in-part application of a PCT application designating the U.S.
