How is the residence or nationality of an applicant determined for PCT purposes?

The determination of an applicant’s residence or nationality for PCT purposes is outlined in MPEP 1864.02, which references PCT Rule 54.1. The process is as follows:

1. Generally, residence or nationality is determined according to PCT Rule 18.1(a) and (b).
2. In certain circumstances, the International Preliminary Examining Authority may request the receiving Office or the national Office to decide on the applicant’s claimed residence or nationality.
3. If such a request is made, the applicant is informed and given an opportunity to submit arguments directly to the Office concerned.

The MPEP states: “The International Preliminary Examining Authority shall, in the circumstances specified in the Administrative Instructions, request the receiving Office or, where the international application was filed with the International Bureau as receiving Office, the national Office of, or acting for, the Contracting State concerned to decide the question whether the applicant is a resident or national of the Contracting State of which he claims to be a resident or national.“

To learn more:

• PCT
• Applicant Residence
• Applicant Nationality
• International Preliminary Examination
• Patent Cooperation Treaty