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    Indexing PCT New Appl

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    vk100
    This document provides guidelines and requirements for filing a new international patent application under the Patent Cooperation Treaty (PCT) with the United States Patent and Trademark Office. It outlines the required documents which are the request form, description, at least one claim, and documents including the abstract and drawings if necessary. It also lists optional documents that often accompany an application such as the transmittal letter, fee payment authorization, and power of attorney. Contact information is provided for the PCT Help Desk for any questions.

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    Indexing PCT New Appl

    Uploaded by

    vk100
    30 views6 pages
    This document provides guidelines and requirements for filing a new international patent application under the Patent Cooperation Treaty (PCT) with the United States Patent and Trademark Office. It outlines the required documents which are the request form, description, at least one claim, and documents including the abstract and drawings if necessary. It also lists optional documents that often accompany an application such as the transmittal letter, fee payment authorization, and power of attorney. Contact information is provided for the PCT Help Desk for any questions.

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    Indexing Pct New Appl

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    This document provides guidelines and requirements for filing a new international patent application under the Patent Cooperation Treaty (PCT) with the United States Patent and Trademark Office. It outlines the required documents which are the request form, description, at least one claim, and documents including the abstract and drawings if necessary. It also lists optional documents that often accompany an application such as the transmittal letter, fee payment authorization, and power of attorney. Contact information is provided for the PCT Help Desk for any questions.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views6 pages

    Indexing PCT New Appl

    Uploaded by

    vk100
    This document provides guidelines and requirements for filing a new international patent application under the Patent Cooperation Treaty (PCT) with the United States Patent and Trademark Office. It outlines the required documents which are the request form, description, at least one claim, and documents including the abstract and drawings if necessary. It also lists optional documents that often accompany an application such as the transmittal letter, fee payment authorization, and power of attorney. Contact information is provided for the PCT Help Desk for any questions.

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    of 6

    UNITED STATES PATENT AND TRADEMARK OFFICE

    An Agency of the Department of Commerce

    Filing a new international application under the Patent Cooperation Treaty (PCT)
    July 2010

    Table of Contents
    PCT Help Desk .............................................................................................................................2 Electronic filing requirements........................................................................................................2 General PCT guidelines................................................................................................................2 Required documents for a PCT international application filing date ............................................. 3 Documents which are part of the international application and, where applicable, must be included with the initial application documents ............................................................................. 4 Chapter I fee payment .................................................................................................................. 4 Documents which often accompany a new international application filed under the PCT ............ 5 Rarely, Chapter I communication for which no other document code is applicable...................... 6

    Filing a new international application under the Patent Cooperation Treaty (PCT)

    PCT Help Desk


    For any questions relating to PCT documents, please contact the PCT Help Desk. Phone: (571)272-4300
    Hours: Monday Friday 9:00 a.m. to 4:30 p.m.

    Fax: (571)273-0419
    Hours: 24 hours/day

    Electronic filing requirements


    The required page size for a PCT international application filed via EFS-Web in pdf format is A4. See PCT Rule 11.5. All pdf documents submitted via EFS-Web must have a minimum resolution of 300 dpi. Additional documents must not be added to the PCT Easy zip file.

    General PCT guidelines


    Applicant must be a resident or national of a PCT Contracting State.
    The application must include at least one applicant who is a resident or national of the United States and the application must be entirely in the English language for the United States receiving Office (RO/US) to be deemed competent.

    The application papers must indicate that it is intended as an international application pursuant to PCT Article 11(1)(iii)(a).
    Selection of the appropriate radio button during EFS-Web filing will result in the Electronic Acknowledgment Receipt indication of International Application for filing in the U.S. receiving office as the Application Type.

    At least one Contracting State must be designated pursuant to PCT Article 11(1)(iii)(b).
    Unless otherwise indicated, all Contracting States are designated for any PCT international application having an international fling date on or after April 1, 2004.

    United States Patent and Trademark Office

    Page 2 of 6

    Filing a new international application under the Patent Cooperation Treaty (PCT)

    The application must contain the name of the applicant, a description, and a claim or claims pursuant to PCT Article 11(1)(iii)(c)-(e).

    Required documents for a PCT international application filing date


    PCT Request (Form PCT/RO/101)
    A standard form generally used to meet some of the requirements set forth in PCT Article 11. When filing via EFS-Web, the request may be filed in one of two different formats: (1) conventional format and (2) PCT-Safe Easy format. (1) The request may be filed via EFS-Web in conventional format by uploading the pdf format of the Request (Form PCT/RO/101, which includes the last sheet EFS-Web). Document code category: PCT Form and PCT Application Part Document code description: RO/101 Request form for new IA conventional (2) Alternatively, the request may be filed via EFS-Web in PCT-Safe Easy format by uploading a zip file containing the request which is created using the PCT-Safe Easy mode software. Document code category: PCT Form and PCT Application Part Document code description: RO/101 Request form for new IA PCT-Easy format NOTE: The request does not need to be signed in order to obtain an international filing date. The receiving Office will invite the applicant to correct the defect by sending an invitation to correct.

    Description
    Document code category: PCT Application Part Document code description: Specification

    Claim or claims
    Document code category: PCT Application Part Document code description: Claims

    United States Patent and Trademark Office

    Page 3 of 6

    Filing a new international application under the Patent Cooperation Treaty (PCT)

    Documents which are part of the international application and, where applicable, must be included with the initial application documents
    Abstract
    Document code category: PCT Application Part Document code description: Abstract

    Drawings, when necessary for the understanding of the invention pursuant to PCT Article 7
    Black and white line drawings, e.g., prepared by a draftsperson. Document code category: PCT Application Part Document code description: Drawings only black and white line drawings Although there is no provision for photographs under the PCT, this document code may be used for drawings that are not line drawings. Document code category: PCT Application Part Document code description: Drawings other than black and white line drawings

    Sequence listing part of the description (when required)


    A sequence listing may be submitted as a single text file which will not be included in the number of sheets of the international application and which will be used for purposes of search. Document code category: PCT Application Part Document code description: Sequence listing (text file) Alternatively, a sequence listing may be submitted in pdf format which sheets will be included in the number of sheets of the international application (and which will require a text file of the sequence listing and statement of identity for purposes of search). Document code category: PCT Application Part Document code description: Sequence listing

    Chapter I fee payment


    ADVISORY: If filing by EFS-Web, do NOT attach the PTO-2038 form as a PDF along with your EFS-Web submission. Please be advised that this is not recommended and by doing so your credit card information may be displayed via PAIR. To protect your information, it is recommended paying fees online by using the electronic payment method.

    United States Patent and Trademark Office

    Page 4 of 6

    Filing a new international application under the Patent Cooperation Treaty (PCT)

    Chapter I fee payment made in response to an invitation (PCT/RO/102, PCT/RO/133) or spontaneously


    May be made electronically via the fee payment screens. May be made on the Request fee calculation sheet annex, including an authorization to charge a deposit account. Document code category: PCT Application Part and PCT General Transmittal Document code description: Fee payment international application May be made by uploading a document giving authorization to charge a deposit account. Document code category: PCT Application Part and PCT General Transmittal Document code description: Fee payment international application

    Documents which often accompany a new international application filed under the PCT
    Transmittal letter (preferably PTO-1382)
    Document code category: PCT General Transmittal and PCT Application Part Document code description: PCT transmittal letter

    Fee calculation sheet annex


    Document code category: PCT General Transmittal and PCT Application Part Document code description: RO/101 Annex (fee calculation sheet)

    Sequence listing cover letter


    Document code category: PCT General Transmittal and PCT Application Part Document code description: Seq Listing Cover Sheet/Stmt under PCT Rule 13ter

    Sequence listing statement


    Document code category: PCT General Transmittal and PCT Application Part Document code description: Seq Listing Cover Sheet/Stmt under PCT Rule 13ter

    Power of attorney
    Document code category: PCT Change Request and PCT Application Part Document code description: Power of attorney

    General power of attorney


    Document code category: PCT Change Request and PCT Application Part Document code description: Power of attorney

    United States Patent and Trademark Office

    Page 5 of 6

    Filing a new international application under the Patent Cooperation Treaty (PCT)

    PCT-Easy validation log


    Document code category: PCT General Transmittal and PCT Application Part Document code description: PCT Easy validation log

    Reference to deposited microorganisms or biological material


    Document code category: PCT Application Part Document code description: RO/134 Deposited microorganisms/Bio material

    Request for restoration of right of priority under PCT Rule 26bis.3


    Document code category: PCT Change Request and PCT Petition Document code description: Evidence for restore of priority claim

    Rarely, Chapter I communication for which no other document code is applicable


    Rarely, there may be a Chapter I communication for which no other document code is applicable. Document code category: PCT General Transmittal and PCT Application Part Document code description: Misc incoming letter from applicant IA

    United States Patent and Trademark Office

    Page 6 of 6

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