Filing a PCT application during the USPTO system crash

As a reminder, if the application that you are trying to file happens to be a PCT application, consider filing it at RO/IB instead of RO/US.  In other words don’t try to use EFS-Web for filing your PCT application.  Use ePCT to e-file it directly at the IB.  Of course if the invention was made in the US, you will need an FFL (foreign filing license).  Maybe the FFL that you already received in your US priority application will cover the PCT application.  Also keep track of when it will be midnight in Switzerland (ePCT will tell you what time it is in Switzerland).

A chief benefit of using ePCT to e-file your PCT application in the RO/IB is that you will instantly be able to see what you just filed.  You can see the contents of your PCT application in ePCT (just like what you would usually do in Private PAIR).

3 Replies to “Filing a PCT application during the USPTO system crash”

  1. I am preparing to file a PCT application at the IB. The one year Paris convention deadline was 18 August 2018 (Saturday). In filing through EPCT there appears to be an option to select the RO/US. If I select the US as my Receiving Office will I receive a PCT/US18/***** application serial number or an IB number (PCT/IB2018/*****)? In light of the USPTO’s EFS Web contingency filing problems (as I write it has gone down) would it be best to select the RO/IB?

    curious and a little afraid

    1. One question is do you have a Foreign Filing License that covers what’s in the PCT application that you are getting ready to file. Maybe for example the FFL in the priority application might substantively cover what you are getting ready to file. If yes, then I suggest filing in RO/IB just to get it done and you won’t have to think about it again. Plus you save a hundred dollars on the transmittal fee.

  2. Thank you for the response. The Foreign Filing License was from the priority application (US provisional). Out of an abundance of caution we filed the application at the USTPO using the e-filing contingency. I do hope the USPTO gets its act together soon!

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