Tag Archives: PCT

Can You File An RCE In That U.S. National Stage Application?

Since the implementation of the America Invents Act on September 16, 2012, and the Technical Corrections Act on January 14, 2013, Applicants have been able to delay submission of an executed inventors’ oath/declaration in a U.S. patent application until payment of the issue fee. Although U.S. national stage applications could not immediately benefit from this rule … Continue reading this entry

Third Party Observations Now Permitted In PCT Applications

As of July 2, 2012, third parties can submit “observations” in published PCT applications via the ePCT Public Service system. It is interesting to compare this service with the expanded ability of third parties to make Preissuance Submissions under new 35 USC § 122(e) (created by the America Invents Act), which takes effect on September … Continue reading this entry

WIPO To Publish Information On PCT Applications Available For Licensing

As of January 1, 2012, PCT applicants can request that the International Bureau (IB) publish information indicating that their applications are available for licensing. WIPO will make the information available on its PATENTSCOPE website, but it will not be published with the PCT application itself. According to the announcement in the December 2011 PCT Newsletter,  the … Continue reading this entry

USPTO Working To Improve PCT Functions

In a recent blog post, Director Kappos wrote about USPTO efforts to improve its performance as a PCT Receiving Office (RO), International Searching Authority (ISA), and International Preliminary Examining Authority (IPEA). The USPTO has improved some statistical measures of its performance, such as different processing times, but still falls short on the timeliness and quality … Continue reading this entry

US-Australia Patent Prosecution Highway Widened to Include PCT

The USPTO has announced that starting January 24, 2011, the Patent Proecution Highway between the USPTO and Australia will expand to include positive patentability determinations made under the PCT. While the details of the this PCT program have not yet been promulgated, I assume they will be similar to those in place for the current PCT-PPH programs. … Continue reading this entry