The requirement in PCT Rule 17 for a certified copy of the foreign priority application is normally fulfilled by applicant providing a certified copy to the receiving Office or to the International Bureau, or by applicant requesting the receiving Office to prepare and transmit the priority document to the International Bureau if the receiving Office issued the priority document, or by applicant requesting the International Bureau to obtain the priority document from a digital library. Pursuant to PCT Rule 17.1(a), (b) or (b-bis), applicant must submit the certified copy, request the receiving Office to prepare and transmit the certified copy or request the International Bureau to obtain the priority document from a digital library, within 16 months from the priority date. This indication may be in the form of either a cover sheet attached to the copy of the priority document or a WIPO stamp on the face of the certified copy. The U.S.C. 371 to enter the U.S. national phase. S. national stage file. The copy of the priority document received from the International Bureau with either of the indications above is acceptable to establish that applicant has filed a certified copy of the priority document in compliance with 37 CFR 1.55(f). The examiner should acknowledge in the next Office action that the copy of the certified copy of the foreign priority document has been received in the national stage application from the International Bureau.
S. national stage as set forth in 37 CFR 1
- (A) a cover sheet indicating receipt by the International Bureau on ) and compliance with PCT Rule 17.1(a), (b) or (b-bis) in the “Remark” section; and
- (B) the stamp (box) in the upper right hand section indicating receipt by the International Bureau (WIPO) on ped indication “PRIORITY DOCUMENT SUBMITTED OR TRANSMITTED IN COMPLIANCE WITH RULE 17.1(a) OR (b).”
S. Patent and Trademark Office, as a Designated Office, will normally request the International Bureau to furnish the copy of the certified priority document upon receipt of applicant’s submission under 35 U
If the International Bureau is unable to forward a copy of the certified priority document to the U.S. Patent and Trademark Office, then applicant must provide a certified copy of the priority document during the national stage, unless the requirements of 37 CFR 1.55(h) or 37 CFR 1.55(i) have been met. For international applications in which the U.S. national stage commenced under 35 U.S.C. 371 on or after , applicant must submit the certified copy within the later of four months from the date of entry into the U.491 or sixteen months from the filing date of the prior-filed foreign application. See 37 CFR 1.55(f)(2). A delay in filing the certified copy under 37 CFR 1.55(f)(2) may be excused upon petition under 37 CFR 1.55(f)(3). The International Bureau may not forward a copy of the priority document because the certified priority document was not furnished in compliance with PCT Rule 17.1(a), (b) or (b-bis) or applicant requested examination to begin pursuant to 35 U.S.C. 371(f) prior to availability of the priority document from the https://hookupdate.net/es/chat-hour-review/ International Bureau. If the priority claim was not in accordance with PCT Rule 4.10 or the priority document was not provided in accordance with PCT Rule 17.1(a), (b) or (b-bis), the copy of the priority document will not have been provided by the International Bureau. If a copy of the foreign priority document is not in the national stage application file but applicant asserts that a certified copy of the priority document was timely furnished under PCT Rule 17 in the international phase, then the examiner should consult with a Quality Assurance Specialist in his or her Technology Center or a PCT Special Program Examiner.