Presentation on theme: "U.S. Entry from PCT Application"— Presentation transcript:
1 U.S. Entry from PCT Application 111(a) Continuation vs. 371 National Stage
2 SummaryThe PCT CON route is recommended for U.S. entry from a pending PCT applicationFormalities group now available for filing PCT CON’s
3 Benefits of Continuation Route Can add new matter to CON (CIP) at filingCON’s receive filing receipt more quickly (1 month vs. 19 months)Examination Rules of CON More FamiliarE.g., Restriction Practice vs. Unity of InventionLess filing paperwork required to file CONPTO 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 satisfiedFor PCT Applications filed on or after 11/29/00 and that designate US and that publish in English file date is PCT file dateNS 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 structureCON – basic ($300), search ($500), and exam ($200) feesNS – If have positive WO or IPER from US ISA/IPEANo Search FeeNo Exam FeeNote: Still have basic fee of $300NS – IF US searchedSearch fee reduced ($100), otherwise $400 or $500171-1:MAB:398407
Your consent to our cookies if you continue to use this website.