[Pct] Priority Document for Bypass Continuation

[Scott Nielson]

According to my notes of MPEP 1895, you do not need to file a certified copy because you are claiming domestic benefit of the PCT (35 USC 120 benefit) and the PCT application was filed in RO/US. Either of these by itself is sufficient to avoid the need to file a certified copy.

You should review MPEP 1895 and confirm my notes.

Scott Nielson
801-660-4400
________________________________
From: Pct <pct-bounces at oppedahl-lists.com> on behalf of Nicole Savoca via Pct <pct at oppedahl-lists.com>
Sent: Tuesday, November 7, 2023 8:04 AM
To: pct at oppedahl-lists.com <pct at oppedahl-lists.com>
Cc: Nicole Savoca <NSavoca at pattersonsheridan.com>
Subject: [Pct] Priority Document for Bypass Continuation


Good morning,



Looking for some guidance/confirmation on this.



We recently filed a bypass continuation off of a PCT filed in the US/RO. The PCT matter has no priority claim. I understand in a bypass continuation it is our responsibility to provide the USPTO with a certified copy of any foreign priority documents. My questions is-- is it necessary for us to provide to the USPTO a certified copy of the PCT application that was filed in the US/RO? The PCT is in the domestic section of our ADS. I imagine the PCT is not technically considered a ‘foreign application’ in this instance. So, my gut is telling me the answer is no but looking for some confirmation/others with more experience in this area. I got VERY wishy-washy answers from the USPTO about this question.



Thank you for your help!



Nicole S.


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