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1801 MANUAL OF PATENTEXAMlNlNG PROCEDURE 1878 Preparation ofthe Written Opinion 1878.01(a) Prior Art Under Chapter II 1878.01(a)(I) Novelty Under Chapter II 1878.01(a)(2) Inventive Step Under Chapter II 1878.01(a)(3) Indnstrial Applicability Under Chapter II 1878.02 Reply to the Written Opinion 1879 Preparation ofthe International Preliminary Examination Report 1879.01 Time Limit for Preparing Report 1879.02 Transmittal of the International Preliminary Examination Report 1879.03 Translations 1879.04 Confidential Nature of the Report 1880 Withdrawal of Demand or Election . 1881 Receipt ofNotice of Election by the Patent 1890 1891 1893.01{c) 1893.01(d) 1893.01(e) 1893.02 1893.03 and Trademark Office Receipt of Notice of Designation Receipt of Notice of Election and Preliminary Examination Report 1893 National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 1893.01 Commencement and Entry 1893.01(a) Entry via the U.S. Designated Office 1893.01(a)(1) Submissions Reqnired by 20 Months From the.Priority Date 1893.01(a)(2) Article 19 Amendment (Filed With the International Bureau) 1893.01(b) Entry via the U.S. Elected Office 1893.01(b)(I) Submissions Required by 30 Months From the Priority Date 1893.01(b)(2) Article 19 and Article 34 Amendments (Filed With the International Preliminary Examining Authority) Fees Translation OathlDeclaration Abandonment Prosecution ofUS. National Stage . Applications Before the Examiner 1893.03(a) How To Identify That an Application Is a U.S. National Stage Application 1893.03(b) The Filing Date of a U.S. National Stage Application 1893.03(c) The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 1893.03(d) Unity of Invention 1893.03(e) Papers Received From the International Bureau and Placed in a U.S. National Stage Application File 1893.03(f) Drawings and PCT Rille 11 August 2001 1800-2 1893.03(g) Information Disclosure Statement in a National Stage Application 1895 A Continuation or Continnation-In-Part Application ofa PCT Application Designating the United States 1895.01 Handling of and Considerations In the .Handling of National Applications Under 35 US.c. 371 and 35 U.S.c. 111(a) Continnations and Continuations-In-Part of a PCT Application 1896 The Differences Between a National Application Filed Under 35 US.C. 111(a) and a National Stage Application Filed Under 35 U.S.C. 371 INTRODUCTION This chapter is designed to be a guide for patent examiners in searching and examining applications filed under the Patent Cooperation Treaty (PCT). Applicants desiring additional information for filing international applications should obtain. a copy of the PCT Applicant's Guide from the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. The Articles and Regulations under the PCT are reproduced in Appendix T of this Manual and the Administrative Instructions are reproduced in Appendix AI of this Manual. The text ofthe PCTApplicant's Guide, the monthly PCT Newsletter, the weekly PCT Gazette, downloadable PCT forms, and additional information about the processing of international applications are available. from WIPO's website (www.wipo.int/pct). PCT applications are processed by the International Application Processing Division within the U.S. Patent and Trademark Office. 1801 Basic Patent Cooperation Treaty (PCT) Principles MAJOR CONCEPTS OF THE PCT The Patent Cooperation Treaty (PCT) enables the U.S. applicant to file one application, "an international application," 'in.· a standardized. format in English in the U.S. Receiving Office (the U.S. Patent and Trademark Office), and have that application acknowledged as a regular national. filing inas many member countries to the PCT as the applicant "designates" or "elects,"that is, names, as countries in
which patent protection is desired. In the same manner, the PCT enables foreign applicants to file a PCT international application, designating the United States of America, in their home language in their home patent office and have the application acknowledged asa regular U.S. national filing. The PCT also provides for a search and publication after 18 months from the priority date. Upon payment of national fees aud the furnishing of any required translation, usually 20 months after the filing of any priority application for the invention, or the international filing date if no priority is claimed, the application will be subjected to national procedures for granting of patents in each of the designated countries. If a demand for an international preliminary examination is filed within 19 months from the priority date, the period for entering the national stage is extended to 30 months from the priority date. The PCT offers an alternative route to filing patent applications directly in the patent offices of those countries which are members of the PCT. It does not preclude taking advantage of the priority rights and other advantages provided under the Paris Convention and the WTO administered Agreement .on Trade Related Aspects of Intellectual Property (TRIPS Agreement). The PCT provides an additional and optional foreign filing route to patent applicants. The filing, search and publication procedures are provided for in Chapter I of the PCT. Additional procedures for a preliminary examination of PCT international applications are provided for in optional PCT Chapter II. In most instances anational U.S. application (NA) is filed first. An international application for the same subject matter will then be filed subsequently within the priority year .provided by the Paris Convention and the priority benefit .of the U.S. national application filing date will be claimed. RECEIVING OFFICE (RO) The international application (IA) must be filed in the prescribed receiving Office (RO)(PCTArticle 10). The United States Patent and Trademark Office will act as a receiving Office for United States residents and nationals (35 U.S.C.361(a)). Under PCT Rule 19.I(a)(iii), the International Bureau of the World Intellectual Property Organization will also act as a Receiving Office for U.S. residents and nationals. The PATENT COOPERATION TREATY 1801 receiving Office functions as the filing and formalities review organization for international applications. International applications must contain upon filing the designation of at least one country in which patent protection is desired and must meet certain standards for completeness and formality (PCT Articles 11(1) and 14(1)). Where a priority claim is made, the date of the earlier filed national application is used as the date for determining the timing of international processing, including the various transmittals, the payment of certain international and national fees, and publication of the application, Where no priority claim is made, the international filing date will be considered to be the "priority date" for timing purposes (PCT Article 2(xi)). The international application is subject to the payment of certain fees upon filing, orwithin I month thereafter, and at the expiration of 12 months from the priority date or within 1 monththereafter, The receiving Office will grant an international filing date to the application, collect fees, handle informalities by direct communication with the applicant, and monitor all corrections (35 U.S.C. 361(d)). By 13 months from the priority date, the receiving Office should prepare and transmit a copy of the international application, called the search copy (SC), to the International Searching Authority (ISA); and forward the original, called the record c()py (RC), to .the International Bureau (IE) (pCTRules 22.1 and 23). A second copy of the international application, the home copy (HC), remains in the receiving Office (PCT Article 12(1)). Once the receiving Office has transmitted copies of the application, the International Searching Authority becomes the focus of international processing. INTERNATIONAL SEARCHING AUTHORITY (ISA) The basic function of the International Searching Authority (lSA) is to conduct a prior art search of inventions claimed in international applications; it does this by searching in at least the minimum documentation defined by the Treaty (PCT Articles 15 and 16 and PCT Rule 34). At the option of the applicant, either the U.S. Patent and Trademark Office or the European Patent Office will act as an International Searching Authority for international applications filed in the United States Receiving 1800-3 August 2001
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holding it is not a design 'for an
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DESIGN PATENTS Date(s) Which Can Al
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1851 Romania Romania Russian Federa
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Bulgaria Opisanie na patent za pole
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(A) the international filing date i
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2001.06 Sources of Information All
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individuals may satisfy their duty
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2105 Patentable Snbject Matter - Ma
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2172 Subject Matter Which Applicant
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Chakrabarty, the Board of Patent Ap
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eflecting Congressional intent, is
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empt" the law of nature. A patent c
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aliased pixel illumination intensit
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evidence can be provided that shows
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