What are the consequences of filing a PCT application with the USPTO when no applicant is a U.S. resident or national?

Filing a PCT application with the USPTO when no applicant is a U.S. resident or national has specific consequences, as explained in MPEP 1810:

1. The USPTO is not a competent receiving Office for such an application under PCT Rule 19.1(a).
2. However, the filing date can be preserved if at least one applicant is a resident or national of any PCT Contracting State.
3. In this case, under PCT Rule 19.4, the USPTO will:
• Receive the application on behalf of the International Bureau as receiving Office.
• Upon payment of a fee equal to the transmittal fee, promptly transmit the application to the International Bureau.
4. If all applicants are residents and nationals of non-PCT Contracting States, PCT Rule 19.4 does not apply, and the application is denied an international filing date.

The MPEP advises: “Applicants are cautioned to be sure that at least one applicant is a resident or national of the U.S. before filing in the U.S. Receiving Office.“

To learn more:

• PCT filing
• USPTO competence
• non-US applicants