Uspto Pct Legal Office

The Patent Cooperation Treaty (PCT) is an international agreement between intellectual property offices and intergovernmental authorities on the procedure applicable to international patent applications. Please contact the PCT Help Desk at 571-272-4300 (local) if you have questions and information about the PCT and filing a PCT application. Support is available Monday to Friday (except holidays) from 8:30 a.m. to 5:00 p.m. ET. The PCT Legal Office for Petitions and Other Legal Matters can be reached by fax at (571) 273-0459 day and night. The PCT Help Desk, which provides information and assistance on the PCT procedure, is available Monday to Friday from 8:30 a.m. to 5:00 p.m. ET at (571) 272-4300 or by fax at (571) 273-0419. For petitions and other legal matters, IPLA can be contacted by fax at (571) 273-0459 and PCT Operations by fax at (571) 273-8300.

Q: Can OPLA give me legal advice on the issue I am calling or help me with my enforcement strategy? PCT Article 22(1) has been amended with effect from April 1, 2002, so that a copy of the international application, a translation thereof (as required) and the national fee must reach the Office no later than 30 months after the priority date. Consequently, the time limit for filing the copy of the international application, translation and international fee under Article 22 PCT corresponds to the 30-month time limit provided for in Article 39 PCT. The USPTO has set the 30-month time limit provided for in Article 22(1) PCT. Most States Parties have amended their national legislation to bring it into conformity with Article 22(1) PCT as amended. An updated list of States Parties that have adopted paragraph 1 of Article 22, as amended, is available on the WIPO website under www.wipo.int/ pct/en/texts/time_limits.html. At the time of publication of this chapter, only two countries had not adopted Article 22(1) as amended: Luxembourg (LU) and the United Republic of Tanzania (TC). It should be noted that Luxembourg is included in the regional designation “EPO” and the United Republic of Tanzania in the regional designation “ARIPO”. For the other two Contracting States which have not adopted Article 22, paragraph 1, as amended, the applicant may be required to require that, if no “request” for international preliminary examination has been filed within 19 months of the priority date, the applicant fulfils the requirements for entry into the national phase within 20 months from the priority date of the international application to the national offices of these States.

Upon entry at the national level under Chapter I, the applicant shall have the right to amend the application within the time limit set out in Rule 52.1 of the Regulations under the PCT. At the end of this period (PCT Article 28 and PCT Rule 52), each designated Office decides on the patentability of the application on the basis of its own national or regional law (PCT Article 27(5)). The Patent Ombudsman Program is designed to strengthen the USPTO`s ability to assist applicants in resolving issues that arise during the patent filing process. Specifically, if there is a failure in the normal prosecution process, the ombuds program can help get the process back on track. To request assistance from the Mediator Program, please visit: www.uspto.gov/patents/ombudsman.jsp. Correspondence and hand-delivery addresses used for petitioning and other legal matters in international and national phase filings filed on 35 U.S.C. 371. More information on the activities of the PCT Law Administration Office.

This office is currently located in the Office of Patent Examination Policy. The PCT Office of Legal Administration maintains a mailing list to inform PCT clients by e-mail of updates to the forms and other information on these pages. Applications for inclusion on this list should be addressed to [email protected] Be sure to include your preferred email address in the application.

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