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« USPTO News: USPTO and KIPO Sign Memoradum on Cooperative Patent Examination | Main | Senator Kyl’s Patent Reform Bill Introduced Today »

September 25, 2008

Comments

Has anyone seen the EPO's memorandum on this process?

I did not find thier collateral procedures on the EPO web site. And I don't want to ask OC for fear of being change 9M euros.

Patent Paralegal - I found some information from the EPO's website at this link: http://www.epo.org/patents/law/legal-texts/InformationEPO/archiveinfo/20080926.html. They may have additional information somewhere...but look for forms on the date the PPH program begins.

Sir:

Would a PCT application be excluded if the USPTO was chosen as the searching authority, rather than the EPO?

Cordially,
Day Karlo

Dear Day: From the language of the Notice, I would say that a PCT application is not eligible for participation regardless of the ISA. In brief (the following is taken from the Notice):

"PCT international applications (including national stage applications filed under 35 U.S.C. 371), provisional applications, plant and design applications, reissue applications, reexamination proceedings, and applications subject to a secrecy order are excluded and not subject to participation in the PPH."

Eligible U.S. applications include (paraphrased from the Notice): U.S. applications that are Paris Convention applications validly claiming priority under 35 U.S.C. 119(a) and 37 CFR 1.55 to one or more applications filed in the EPO.

So, this program appears to be relevant to a smaller pool of applications than one may intially expect.

Thanks for your question, and thanks for reading.

Chris

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