What happens if an applicant is not entitled to file a demand for international preliminary examination?
According to MPEP 1864.02, which cites PCT Rule 54.4, if an applicant does not have the right to file a demand for international preliminary examination, the following occurs:
“If the applicant does not have the right to make a demand or, in the case of two or more applicants, if none of them has the right to make a demand under Rule 54.2, the demand shall be considered not to have been submitted.“
This means that if a sole applicant or, in the case of multiple applicants, none of the applicants meet the residency or nationality requirements set forth in PCT Rule 54.2, the demand will be treated as if it was never filed. It’s important for applicants to ensure they meet the eligibility criteria before submitting a demand to avoid this situation.
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