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1895.01 MANUAL OF PATENT EXAMINING PROCEDURE
U.S. national stage application because 37 CFR
1.55(a)(2) does not apply to priority claims under 35
U.S.C. 119(e).
D. Unity OfInvention
Restriction practice in both international and
national stage applications is determined under unity
of invention principles as set forth in 37 CFR 1.475
and 1.499. Restriction practice under 35 U.S.C. 121,
as it applies to national applications submitted under
35 U.S.C. 11I(a), is not applicable to either international
or national stage applications. However, a continuing
application claiming benefitunder 35 U.S.C.
365(c) to an international application or to a national
stage application is not a national stage application
and, therefore, the restriction practice under 35 U.S.c.
121 is applicable.
E. Filing Date For Prior Art Purposes Under
35 U.S.C.I02(e)
1. When Examining Applications Filed Prior to
November 29, 2000 Which Were Not Voluntarily
Published Under 35 U.S.C. 122(b)
Once a patent issues from a national stage application,
the filing date for prior art purposes under 35
U.S.c. 102(e), when being cited against an application
filed prior to November 29, 2000, which has not
been voluntarily published under 35 U.S.C. 122(b), is
not the international filing date, but is the date on
which the requirements of 35 U.S.C.
371(c)(I), (2) and (4) were met (copy of the international
application with any necessary translation,
national fee and oath or declaration were filed). However,
as the international application is usually published
approximately 18 months from the priority
date, this publication generally will have an earlier
date for prior art purposes than the 35 U.S.c. 102(e)
date of the U.S. patent. A copy of the published international
application can be obtained through the Foreign
Patents Branch of the Scientific and Technical
Information Center (S'I'IC). The publication number
and publication date appear on the first page of the
U.S. patent.
Note that a publication under 35 U.S.C. 122(b) of a
U.S. national stage application will have no prior art
effect under 35 U.S.c. 102(e) against an application
August 2001 1800-154
filed before November 29, 2000, which has not been
voluntarily published under 35 U.S.c. 122(b).
2. When Examining Applications Filed on or
After November 29, 2000, or Applications
Filed Before November 29, 2000 Which Were
Voluntarily Published Under 35 U.S.C. 122
(b)
The publication of a U.S. national stage application
will have a 35 U.S.C. 102(e) date for prior art purposes
as of its international filing date, provided that
the application was published under PCT Article
21(2)(a) in the English language, against an application
filed on or after November 29, 2000, or filed
before November 29, 2000 and voluntarily published
under 35 U.S.C. 122(b).
Note that any publication under 35 U.S.C. 122(b)
of a U.S. national stage application which was published
in the international stage under PCT Article
21(2)(a) in a language other than English or any
United States Patent issuing from any national stage
application will have no prior art effect under 35
U.S.C. 102(e)(I) or (2) against an application filed on
or after November 29, .2000, or filed before November
29, 2000 and voluntarily published under 35
U.S.C. 122(b).
F. International Publication Number And The
Publication Date
The International Publication Number and the Publication
Date MUST be in the national stage application
if the application is allowed. The International
Publication Number and the Publication date can be
found in the DOlUS Worksheet WIPO Publication
block. If the Publication Number and the Publication
date are not found on the worksheet or if the worksheet
is missing, the information may be taken either
from the International Publication or the PCT Gazette
page. The examiner should ensure that the International
Publication Number and the Publication date
are in one of these three locations before the application
is sent to Office of Patent Publication.
CONTINUATION, CIP, OR DIVISION OF IN­
TERNATIONAL APPLICATION FILED UNDER
35 U.S.C. 111(a)
Rather than filing a national stage application, a
continuing application (i.e., continuation, C-I-P, or