Showing 3 ideas for tag "371"
(@chrisw)

1800 Patent Cooperation Treaty

1893.03(e), I: Clarify language and procedure

In 1893.03(e), I.:

The text notes that "If the international application is published in English, the Office will use the description, claims, abstract and drawings as published in the pamphlet for the U.S. national stage application under 35 U.S.C. 371." This statement is perfectly clear. However, I think it would benefit from some expansion.

1. I proposed expressly adding the logical consequence: "Therefore, any... more »

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(@chrisw)

600 Parts, Form, and Content of Application

608.04(b) could reference 1893.03(e)

608.04(b) (Jan. 2018) says:

> Applicants can avoid the need to file a preliminary amendment by incorporating any
> desired amendments into the text of the specification, even where the application is
> a continuation or divisional application of a prior-filed application. Applicants are
> strongly encouraged to avoid submitting any preliminary amendments.

However, this "strong[] encourage[ment]" does not apply to national-stage... more »

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(@chrisw)

1800 Patent Cooperation Treaty

1893: Expressly reference amendments outside Chapter II

I think 1893 (Nov. 2015) and its subsections could improve clarity on the national-stage status of amendments other than those made during Chapter II. Currently:

- 1893.01(d) mentions that a translation in the national stage should incorporate any Rule 26 corrections or Rule 91 rectifications.

- 1893.03(e), I. references the WIPO pamphlet of the application, but does not specify the effect of any republications.... more »

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