Chapter 1800

Question 1

Title of Chapter

Answer 1

PCT Apps

Question 2

Major Concepts

Answer 2

• provides for establishment of international search report & written opinion at 16 months from priority date
• pub of international app after 18 months from priority date

Question 3

RO

Answer 3

= receiving office –> where app filed

Question 4

ISA

Answer 4

= international searching authority

• -> conduct prior art searches & provide written opinion
• -> international search report (ISR) & written opinion issued w/in 3 months from receipt of search copy ( 16 months from priority date)
• -> if wanted, must identify that earlier searches performed

Question 5

IB

Answer 5

= international bureau

• -> maintain master file of all international apps
• -> act as publisher (18 months)
• -> central coordinating body of treaty
• -> WIPO performs duties of IB

Question 6

DO and EO

Answer 6

• designated office
• -> national office action for state/region designated under Chapter 1
• elected office
• -> national office action for state/region designated under Chapter 2

Question 7

IPEA

Answer 7

• international preliminary examining authority
• starts examination when in possession of:
  (A) the Demand;
  (B) the amount due;
  (C) a translation, if the applicant is required to furnish a translation;
  (D) either the international search report or a notice of the declaration by the International Searching Authority (ISA) that no international search report will be established; and
  (E) the written opinion.

Question 8

reservations taken by US under PCT

Answer 8

• not published at 18 months
• only published if requested or enters national stage
• accepted only in English

Question 9

filing date reqs

Answer 9

• PCT Article 11
• 35 USC 363
• 37 CFR 1.431

Question 10

nucleotide sequences etc

Answer 10

app discloses 1 sequence, description must contain sequence listing

Question 11

unity of invention

Answer 11

• group of inventions, technical relationship
• 1850
• 37 CFR 1.499

Question 12

national app filed under 111(a) vs. national stage app submitted under 35 USE 371

FILING DATE

Answer 12

• 111(a) - date when spec received by PTO

- PCT - date when applicant satisfies Article II reqs

Question 13

national app filed under 111(a) vs. national stage app submitted under 35 USE 371

PRIORITY

Answer 13

• 35 USC 119 (a-d) and 365 (b)
• 111(a) - claim for priority w/in later of 4 months from actual filing date or 16 months from filing date of foreign app
• 371 - claim for priority w/in time limit in PCT regulations

Question 14

national app filed under 111(a) vs. national stage app submitted under 35 USE 371

UNITY OF INVENTION

Answer 14

• 111(a) - restriction practice [37 CFR 1.141-1.146]

- 371 - unity of invention [ 37 CFR 1.475 and 1.499]

Question 15

national app filed under 111(a) vs. national stage app submitted under 35 USE 371

FILIING FEES

Answer 15

• 111(a) - fees in 37 CFR 1.16

- 371 - fees in 37 CFR 1.492