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1893.02 MANUAL OF PATENT EXAMIN1NG PROCEDURE Applicants entering the national stage in the U.S. are required to file an oath or declaration of the inventor in accordance with 37 CPR 1.497(a) and (b). If the basic national fee has been paid by the expiration of 20 or 30 months from the priority date as appropriate, but the required oath or declaration has not been filed, the Office will send applicant a notice of Missing Requirements setting a time period to correct any missing or defective requirements. The time period is 21 months or 31 months from the priority date, as appropriate, or 1 month from the date of the notice, whichever expires later. The time period is subject to the provisions of 37 CPR 1.136(a). The oath or declaration must comply with the requirements of 35 U.S.C. 115 and with the regulations prescribed for oaths and declarations. See especially 37 CPR 1.497(a) and (b). Purther, pursuant to 37 CPR 1.497(c), to avoid the need to submit a supplemental oath or declaration, the oath or declaration must comply with 37 CPR 1.63. Ifan inventor refuses to execute the oath or declaration or is unavailable, applicant must file an oath or declaration and a petition in accordance with 37 CPR 1.47. Similarly, where an inventor is deceased or legally incapacitated, an oath or declaration in accordance with the provisions of 37 CPR 1.42 or 1.43 must be provided. To avoid abandonment the oath or declaration and petition (under 37 CPR 1.42, 1.43 and/or 1.47, as appropriate) must be filed either before expiration of 20 or 30 months from the priority date, as appropriate, or, where a notification of deficiency of the oath/declaration has been mailed, within the time for reply to that notification. The Office no longer requires proof of authority of the legal representative of a deceased or legally incapacitated inventor. See MPEP § 409.01(b). 1893.02 Abandonment If the requirements of 35 U.S.C. 371(c) are not complied with by the time period set in 37 CPR 1.494(b) and (c) or 37 CPR 1.495(b) and (c), as appropriate, the application is considered to be abandoned, see 37 CPR 1.494(g) and 37 CFR 1.495(h). Examinersandapplicants should be aware that sometimes papersfiled for the national stage are deficient and abandonment results. Por example, if the fee submitted does not include at least the amount of the August2001 1800-140 basic national fee that is due, the application becomes abandoned. Applicant may file a petition to revive an abandoned application in accordance with .the provisions of37 CPR 1.137. See MPEP § 711.03(c). 1893.03 Prosecution of U.S. National Stage Applications Before the Examiner 37 CFR 1.496. Examination of international applications in the national stage. (a) Intemational applications which have complied with the requirements of35 U.S.C. 371(c) will betaken up for action based on the date on which such requirements were met. However, unlessanexpressrequest forearlyprocessing hasbeenfiled under 35 U.S.C. 371(f), noaction maybe taken prior to one month after entry into the national stage. (b) A national stage application filed under 35 U.S.C. 371 may have .paid therein the basicnational fee as set forth in § 1.492(a)(4)if it contains, oris amended to contain,atthe time of entry into the national stage, only claims which have been indicatedin an international preliminary examination report prepared by theUnitedStates Patent andTrademark Officeas satisfying the criteria of PCT Article 33(1)-(4) as to novelty. inventive step and industrial applicability. Such national stage applications in which the basic national fee as set forth in § 1.492(a)(4) bas been paid maybe amended subsequent to the dateof entry into the national stage only to'the exte.nt, necessary to eliminate objections as to form orto cancel rejected claims. Suchnational stageapplications in which the basic national fee as set forth in § 1.492(a)(4) bas beenpaidwill betaken tipoutof order. An international application which enters the national stage will be forwarded to the appropriate Technology Center (TC) for examination in tum based on the 35 U.S.c. 371(c) date of the application. As set forth in 37 CPR 1.496(b), if an application includes only claims which have been indicated in an !PER prepared by the USPTO to satisfy the criteria of PCT Article 33(1)-(4), the application qualifies for the reduced basic national fee set forth in 37 CPR 1.492(a)(4). Applications in which the.reduced basic national fee has. been paid will be taken up out of order by the examiner. See MPEP § 708 fora discussion of the order of examination of applications by examiners. Once the national stage application has been taken up by the examiner, prosecution proceeds in the same manner as for a domestic application with the exceptions that:
(A) the international filing date is the date to keep in mind when searching the prior art; and (B) unity of invention proceeds as under 37 CFR 1.475. 1893.03(a) How To Identify That an Application Is a U.S. National Stage Application Applicant's initially deposited application must indicate that treatment as a national stage application (filed under 35 U.S.C. 371) is requested (see 37 CPR 1.494(f) and 37 CFR 1.495(g)). Otherwise, the application will be treated as an application filed under 35 U.S.C. III(a). That is, if applicant wishes the application to be filed under 35 U.S.C. lll(a), applicant's originally filed application papers need indicate simply that the papers are for a new U.S. patent application. If, however, applicant is filing papers for entry into the national stage of a PCT application, or to establish an effective date for provisional rights resulting from the filing of a PCT application under 35 U.S.C. 154(d), applicant must so state. See 37 CFR 1.417, 1.494(f) and 1.495(g). If the applicant's papers are not clearly identified as "a submission pursuant to 35 U.S.C. 154(d)(4)" or "a submission to enter the national stage under 35 U.S.C. 371," the submission will be considered as being made under 35 U.S.C. lll(a). As provided in 37 CFR 1.494(f) and 1.495(g), a copy of the international publication andlor a translation of the international application identified as provided in 37 CFR 1.417 can be used to fulfill the 35 U.S.c. 371(c)(2) requirements. Examination of the originally filed application papers occurs in either the Office of Initial Patent Examination or in the National Stage Processing Division of the Office of PCT Operations where it is determined whether applicant has asked that the papers be treated as a national stage filing under 35 U.S.C. 371. If the application is accepted for entry into the national stage, the National Stage Processing Division will fill out and mail Form PCT/DOI EOl903 indicating acceptance of the application as a national stage filing under 35 U.S.c. 371 and will stamp the face of the file with an indication that the application is filed under 35 U.S.C. 371. Accordingly, the three key indicators which reflect that an application is filed under 35 U.S.C. 371 are; PATENT COOPERATION TREATY 1893.03(a) (A) The file face indication of a filing under 35 UB.C. 371; (B) The Form PCTIDO/EOl903 indicating acceptance of the application as a national stage filing under 35 U.S.C. 371; and (C) Applicant's statement (or the equivalent) in the originally filed application papers that the application is a national stage filing under 35 U.S.C. 371. Applicants who use transmittal Form PCTIDO/EOI 1390 will satisfy the requirement for such a statement since the form includes an indication that the application is a national stage filing under 35 U.S.c. 371. Initially, the examiner should inspect the face of the file wrapper andlor the PALM bib-data sheet for an indication that it is filed under 35 U.S.C. 371 and should also check the application papers for the presence of Form PCTIDO/EOI903. If neither of these indications are present the application may, in the absence of evidence to the contrary (there is an indication in the originally filed application papers that processing as a national stage is desired), be treated as a filing under 35 U.S.C. 1l1(a). Thus, if both indications are present, the application should be treated as a filing under 35 U.S.C. 371. If the face of the file wrapper does not indicate a filing under 35 U.S.C. 371, but a properly completed Form PCTIDO/EOl903 is in the file, the examiner should complete the face of the file by adding "filed under 35 U.S.C. 371" in the upper left margin thereof. The examiner should initial and date this change. If the file wrapper does not include a properly completed Form PCTIDO/EOl903 but the face of the file indicates a filing under 35 U.S.C. 371, the application should be returned to the National Stage Processing Division of the Office of PCT Operations for certification that the application has been accepted for the national stage. In accordance with the notice at 1077 O.a. 13 (14 April 1987), if the applicant files a U.S. national application and clearly identifies in the accompanying oath or declaration the specification to which it is directed by referring to a particular international application. by PCT Application Number and International Filing Date and that he or she is executing the declaration as, and seeking a U.S. Patent as, the inventor of the invention described in the identified international application, then the application will be accepted as filed under 35 U.S.C. 371. Merely claiming priority of an international (PCT) application in an 1800-141 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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372 F.2d 593, 152 USPQ 593 (CCPA 19
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(i} Arrangement of views. One view
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Form Paragraph 16.12 may be used to
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which patent protection is desired.
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ary designations are designed parti
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PCTRule 33. Relevant Prior Art for
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NO SEARCH REQUIRED IF CLAIMS· ARE
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PATENT COOPERATION TREATY INTERNATI
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The fact that the alternatives of a
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Bulgaria Opisanie na patent za pole
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(3) been published under Article 21
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eflecting Congressional intent, is
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aliased pixel illumination intensit
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