Understanding and using ePCT - Oppedahl Patent Law Firm LLC
Understanding and using ePCT - Oppedahl Patent Law Firm LLC
Understanding and using ePCT - Oppedahl Patent Law Firm LLC
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
If someone makes an “observation”<br />
regarding one of your PCT<br />
applications ...<br />
●<br />
●<br />
●<br />
You may wish to respond<br />
You may do so through the <strong>ePCT</strong> system, any<br />
time before the end of the 30 months<br />
Your response will accompany the observation<br />
when it is communicated to a DO/EO<br />
73<br />
●<br />
●<br />
If someone makes an<br />
“observation” ...<br />
So far as a US designation or continuation is<br />
concerned, you may wish to file an Information<br />
Disclosure Statement with the USPTO to make<br />
a clear record that the references from the<br />
observation are considered by the Examiner<br />
The US practitioner who is h<strong>and</strong>ling a US<br />
national-phase case or a continuation will need<br />
to check <strong>ePCT</strong> or <strong>Patent</strong>scope carefully to look<br />
for such observations<br />
74<br />
You can disclose references ...<br />
●<br />
●<br />
●<br />
<strong>ePCT</strong> also permits an applicant to submit<br />
“observations on close prior art”<br />
This is rather like filing an IDS in US practice<br />
The observations will be notified to the ISA (if<br />
the international search report has not yet been<br />
received by the IB), to the IPEA (if applicable<br />
<strong>and</strong> the international preliminary report on<br />
patentability has not been received by the IB)<br />
<strong>and</strong> to DOs. It is up to the individual Offices to<br />
decide what use to make of an observation<br />
75
Change language