New Procedure for Foreign Applicants

(1) The Applicant submits an “international application” to its home Office, and designates the United States [filing fee determined in home country].

(2) “Office of origin” “certifies” the international application as conforming to minimum requirements.

(3) Office of origin forwards the international application to WIPO, and must do this within 2 months in order to maintain the filing date, as mentioned above.

(4) WIPO reviews international application and determines if it is “formal” or “informal,” as mentioned above. If formal, an IR is issued and a request of extension of protection (“REP”) is electronically forwarded to the USPTO by the WIPO. If informal, the office of origin is notified, and the applicant has 3 months to remedy the problem.

(5) The USPTO receives the “request for extension.” An Examining Attorney at the USPTO examines the “REP,” and reports refusals to the WIPO, which notifies office of origin, which in turn notifies the applicant. The USPTO must issue all refusals within 18 months.

During Examination, Requests for Extension of Protection (REPs) are dependent on the “basic international application” in the office of origin

Because REPs are dependent on the basic international application at the office of origin, if the identification of goods or recitation of services is altered in the basic international application, the respective REPs in the designated foreign country or countries must also be amended