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PCT - confirming precautionary designation ?

Started by Pinkitt, 01-16-10 at 06:23 AM

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Pinkitt

Hi

I am studying with PLI course and I saw this question. i don't understand the answer.

Q. The deadline for confirming any precautionary designation is _____ months for the filing date of an international (PCT) application.

A. twelve
B. fifteen
C. nineteen
D. twenty
E. none of the above, no confirming designations are necessary.

=====================
Precautionary designations will be regarded as withdrawn by the applicant unless they are confirmed, but the applicant is not obliged to confirm them. The precautionary designation procedure enables the applicant to make, in the request, all designations per­ mitted by the PCT in addition to those made specifi­ cally. For this purpose, the request must also contain a statement that any precautionary designations so made are subject to confirmation as provided in Rule 4.9(c) and that any designation which is not so con­ firmed before the expiration of 15 months from the priority date is to be regarded as withdrawn by the applicant at the expiration of that time limit. Noting that the confirmation of designations is entirely at the applicant's discretion, no notification is sent to the applicant reminding him or her that the time limit for confirming precautionary designations is about to expire. Applicants are cautioned that in order for the confirmation of a designation of the U.S. to be valid, the inventor must have been named in the application papers as filed, 37 CFR 1.421(b). == from 1817.01

Shouldn't the answer B? Well it's priority date in MPEP and filing date in the question, but any explanation please?

Sixes

Just like you said:

1817.01(a) Designation of States and Precautionary Designations in International Applications Having an International Filing Date Before January 1, 2004 [R-6]

In addition to specific designations described above, the applicant may, under PCT Rule 4.9(b), indicate in the request that all designations which would be permitted under the PCT are also made, provided that at least one specific designation is made and that the request also contains a statement relating to the confirmation of any precautionary designations so made. That statement must declare that any such designation is subject to confirmation (as provided in Rule 4.9(c)), and that any such designation which is not so confirmed before the expiration of 15 months from the priority date is to be regarded as withdrawn by the applicant at the expiration of that time limit.

Unless I'm missing something, that's pretty straightforward.  Looks like a test of whether you can search the MPEP quickly or not.  If I'm wrong, someone speak up.
Formerly Telomere...before I got six'd.

leevpham

I agree that this is probably just a test of being able to search the MPEP, but what's the verdict on the substance of the question? Is it wrong? Is this a silly nuance coupled with a confusing answer choice (priority date vs. filing date)?

Abamandab115

Thank you for this! I'm studying for it now and I know it's a few years too late LOL, but it's because the question says FOR the filing date, not FROM. The answer was none is required, and I knew that wasn't required instinctively, but had no idea why I got it right. It would have been 15 months FROM the priority date, if you chose to use this process. But in order to get it FOR the priority date, it's nothing because you don't need it. This question had me messed up and I got it right!



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