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Divergent Patent Law Blog
Commentary on U.S patent prosecution, PTAB practice, Federal Circuit developments, and cross-border patent strategy.


Choosing an ISA After the Korean Fee Increase: A practical comparison for US PCT applicants
Executive Summary: Korea’s announced increase in its U.S.-dollar international search fee from $783 to $867, effective November 1, 2026, gives U.S. PCT applicants a reason to reassess ISA selection based on costs through the intended national-stage entry. Under the article’s standard-fee assumptions, the USPTO gains a $79 total-cost advantage over Korea for a small entity entering the U.S. national stage and offers the lowest illustrated total for a micro entity. IPOPHL merit
13 hours ago14 min read


One Disclosure, Two Standards: PCT Unity of Invention and U.S. Restriction Practice
Executive Summary: PCT unity of invention and ordinary U.S. restriction practice apply different tests for determining which inventions may be examined together. PCT unity turns on a shared inventive technical relationship, while ordinary U.S. restriction requires independent or distinct inventions and a serious search or examination burden. Neither standard is uniformly more favorable. A U.S. national-stage application under 35 U.S.C. § 371 receives unity analysis, whereas a
Oct 1912 min read


PIER at the USPTO: Application Selection and Patent Term Consequences
Executive Summary: The USPTO’s PCT Informed Examination Request (PIER) pilot requires selected U.S. national-stage applicants to choose whether to proceed with examination, defer examination for twelve months, or expressly abandon the application after considering the international work products. Selection considers application age and pendency in the relevant technology area, with a preference for applications containing X- or Y-category references; favorable international f
Oct 1712 min read


Using PCT Chapter II Before National Phase Entry
Executive Summary: Chapter II of the Patent Cooperation Treaty offers applicants an optional opportunity to address examination objections, amend the application, and obtain an international preliminary examination report before national phase entry. Its greatest value arises when that process preserves commercially meaningful claims and produces identifiable benefits in the jurisdictions where protection is sought. A favorable report remains nonbinding: it does not guarantee
Oct 320 min read


Missed the Provisional Patent Deadline? Options for Filing a PCT Application
Executive Summary: Missing the twelve-month priority deadline after filing a U.S. provisional application does not necessarily foreclose international patent protection. A PCT application filed within the following two months may retain the provisional’s priority through a timely, supported restoration request. Filing directly with WIPO’s International Bureau as receiving Office (RO/IB) allows applicants to seek restoration under either the “due care” or “unintentional delay”
Sep 1920 min read
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