What happens if the PCT filing requirements are not met on the initial receipt date?

If the PCT filing requirements are not met on the initial receipt date, the following process occurs according to MPEP 1810:

1. The receiving Office will invite the applicant to correct the deficiency within a set time limit.
2. If a timely correction is received, the international filing date will be the date of receipt of the correction.
3. In certain cases, the initial receipt date may be retained if the application contained a priority claim and a proper incorporation by reference statement, and the correction was completely contained in the earlier application.
4. If the defect is not timely corrected, the receiving Office will notify the applicant that the application will not be treated as an international application.

The MPEP states: “If the defect under PCT Article 11(1) is not timely corrected, the receiving Office will promptly notify the applicant that the application is not and will not be treated as an international application.“

To learn more:

• PCT filing defects
• international application corrections
• PCT Article 11