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Prosecution First Blog

Prosecution Pointer 421

June 12, 2024

There is a third-party observation system in PCT applications. Under Part 8, Section 801, the IB provides an electronic system for third parties to make observations referring to prior art that they believe to be relevant to the question of whether the invention claimed in the international application is new and/or involves an inventive step (“third party observation system”). Third-party observations may be submitted at any time after the date of publication of the international application and before the expiration of 28 months from the priority date, provided that the application is not withdrawn or considered withdrawn.

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Patent Cooperation Treaty (PCT), Prosecution Pointer

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