What role does the International Bureau play in PCT applications filed with it as the receiving Office?
The MPEP 1864.02 addresses the role of the International Bureau when it acts as the receiving Office for PCT applications. Specifically, it cites PCT Rule 54.3, which states:
“Where the international application is filed with the International Bureau as receiving Office under Rule 19.1(a)(iii), the International Bureau shall, for the purposes of Article 31(2)(a), be considered to be acting for the Contracting State of which the applicant is a resident or national.“
This means that when an applicant files an international application with the International Bureau as the receiving Office, the International Bureau is deemed to be acting on behalf of the Contracting State where the applicant is a resident or national. This is important for determining the applicant’s right to file a demand for international preliminary examination under Article 31(2)(a) of the PCT.
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