2-3 questions on PCT 102(e) dates

[from MyPatentBar]

Q) Costa Rica and Sweden – PCT (1800)

There were two PCT questions regarding 102(e) date, one in which the filing date was november 20, 2000

and an identical one in which the filing date was in december 2000. A couple of PCT questions regarding

filing dates of PCT aplications in US/RO where applicants are not citizens (one where inventors are from

costa rica and one where inventors are from sweden). The answers to the two questions are the same (filing

date as of date received at US/RO), but the sweden questions tries to trick you up and make you think they

will not be afforded a filing date as of the date received at US/RO.

PCT Questions

1) Filing date is same as filed at RO/US when everything’s right but all apps are non-US citizens

2) There is NO 102(e) date for a PCT national stage patent or publication filed after Nov. 29, 2000

that does not publish in English (even if Fee/Oath/Translation submitted)

3) Pre-Nov. 29, 2000 PCTs get a 102(e) date as of receipt of last of Fee/Oath/Translation

4) When an applicant doesn’t file a complete spec with the International RO, an invitation to correct

will be sent, giving between 10 days and 1 month to correct (see PCT rule 26.2). However, the filing

date accorded the application, much like with a Notice of Omitted Items, will be when the error is

corrected; thus, if the 1-year term from the priority app sought to be claimed in the PCT expires DURING

the 1-month period to correct, the latest you can really file the missing spec pieces is the 1-year

deadline, regardless of how much time is left in the 1-month invitation. (Again, see PCT Rule 26.2 and

MPEP 1810).

About 10 PCT. It was funny – I got 2 questions of the same type (Costa Rican inventors, US RO sends it to

IB RO then same exact details – with German inventors)

PCT Q – Post 11/29/2000 Inventor files IA based on Japanese patent app that’s designated to all contracting

states except to Japan. Inventor doesn’t request publication for IA but requests priority to Japanese app.

After, same inventor files un-translated non-provisional at USPTO basing priority on IA.

Which of following will result?

a. App will be sent to USRO who’ll forward app to IO, USPTO won’t publish but will invite inventor to file

app and it’ll publish at USPTO if inventor requests it go national.

b. Will publish IA at 18 months & then publish again at USPTO when translated to English, USPTO will invite

inventor to file and re-publish if inventor goes national.

c-e were choices I eliminated & can’t remember.

I narrowed to 2 choices & selected a. b/c the extra publication sounded hokie in b. – note that I’m not sure

if my answer is correct.