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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.“