1 / 6

U.S. Entry from PCT Application

U.S. Entry from PCT Application. 111(a) Continuation vs. 371 National Stage. Summary. The PCT CON route is recommended for U.S. entry from a pending PCT application Formalities group now available for filing PCT CON’s. Benefits of Continuation Route. Can add new matter to CON (CIP) at filing

coye
Download Presentation

U.S. Entry from PCT Application

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. U.S. Entry from PCT Application 111(a) Continuation vs. 371 National Stage

  2. Summary • The PCT CON route is recommended for U.S. entry from a pending PCT application • Formalities group now available for filing PCT CON’s

  3. Benefits of Continuation Route • Can add new matter to CON (CIP) at filing • CON’s receive filing receipt more quickly (1 month vs. 19 months) • Examination Rules of CON More Familiar • E.g., Restriction Practice vs. Unity of Invention • Less filing paperwork required to file CON • PTO filing default = CON

  4. Benefits of Continuation Route Cont’d • Even though NS application has earlier filing date, examination won’t be ordered until 371(c) requirements are satisfied • For PCT Applications filed on or after 11/29/00 and that designate US and that publish in English file date is PCT file date • NS applications dispatched for examination based on 371(c) date (if don’t submit declaration, then may delay examination by 18 months) • CON applications dispatched for examination based on filing date (date specification, claim, and any necessary drawing is received)

  5. Benefits of Continuation Route Cont’d • With CON, fees not required at filing; but can file preliminary amendment with NS to cancel claims

  6. Benefits of National Stage Route • Certified copies of priority documents not required at filing (already submitted); however, the filing of certified copies of priority documents is recommended (may not be sent by WIPO) • NS potentially has lower fee structure • CON – basic ($300), search ($500), and exam ($200) fees • NS – If have positive WO or IPER from US ISA/IPEA • No Search Fee • No Exam Fee • Note: Still have basic fee of $300 • NS – IF US searched • Search fee reduced ($100), otherwise $400 or $500 171-1:MAB:398407

More Related