Who has the right to file a demand for international preliminary examination under the PCT?
According to MPEP 1864.02, the right to file a demand for international preliminary examination is governed by PCT Article 31(2) and PCT Rule 54. The key requirements are:
- The applicant must be a resident or national of a Contracting State bound by Chapter II of the PCT.
- The international application must have been filed with a receiving Office of or acting for a Contracting State bound by Chapter II.
As stated in the MPEP, “If there are two or more applicants, it is sufficient that one of them be a resident or national of a Contracting State bound by Chapter II, regardless of the elected State(s) for which each applicant is indicated.“
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