What is a Chapter II demand?

Filing a Demand (“a Demand for further International Preliminary Examination (IPE) under Chapter II of the Patent Cooperation Treaty (PCT)”) involves filing certain forms and paying certain fees, including a PCT examination fee.

Can you file PCT after 12 months?

The deadline for validly submitting this second PCT patent application in general terms is 12 months from the date when the first patent application was applied for. If this 12 month priority deadline is missed, it is possible under certain circumstances to extend this deadline by up to an additional two months.

When can you file an Article 34 Amendment?

While Article 34 Amendments can be made at the time of the Chapter II Demand or after the filing of the Chapter II Demand, it would be advisable to file any Article 34 Amendments prior to the establishment of the International Preliminary Examination Report (IPER) which is typically issued 28 months from the priority …

Can you file a PCT without priority?

Without the priority claim, the novelty of the subject matter disclosed in the PCT would be negated by the non-provisional application (unless the non-provisional is abandoned prior to publication).

What is Article 19 in PCT?

Article 19 of the PCT provides that “[t]he applicant, shall, after having received the international search report, be entitled to one opportunity to amend the claims of the international application.” Therefore, an Article 19 amendment allows the applicant to revise only the claims and nothing else in the application …

What does PCT mean in patents?

Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international treaty with more than 150 Contracting States.

Can one get world patent through PCT?

The PCT System makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. The PCT System comprises 151 Contracting states (September 2016).

Can PCT claim priority to provisional?

You can then file your PCT application at any time within this one-year priority period, claiming priority from the first US application (provisional or non-provisional).

How do I file an Article 19 amendment?

Any amendment to the claims under Article 19 must be filed with the International Bureau – not with the receiving Office nor with the International Searching Authority. The amendments must be in the language in which the international application is published.

Can Article 19 be amended?

Amendments of the claims under Article 19. 1.02. When filing amendments to the claims under Article 19, the applicant is required to file a sheet or sheets containing a complete set of claims in replacement of the claims originally filed.

What is an Article 34 amendment?

An Article 34 amendment allows for amendment of not only the claims, but also of the written description and drawings, without adding new matter.

How long is a PCT Patent good for?

30 months
The PCT lasts for 30 months and will expire on July 1, 2017. Any time before July 1, 2017, Joe can file a non-provisional full patent application in any country that participates in the PCT.