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

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Presentation on theme: "U.S. Entry from PCT Application 111(a) Continuation vs. 371 National Stage."— 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 CONs

3 Benefits of Continuation Route Can add new matter to CON (CIP) at filing CONs 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 Contd Even though NS application has earlier filing date, examination wont 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 dont 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 Contd 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 $ :MAB:398407


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