Who can file an international patent application under the Patent Cooperation Treaty (PCT)?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Any resident or national of a Contracting State may file an international application under the Patent Cooperation Treaty (PCT). This includes individuals, corporate entities, or other concerns.

As stated in the MPEP: Any resident or national of a Contracting State may file an international application. See PCT Article 9 and PCT Rule 18. The applicant can be an individual, corporate entity or other concern.

It’s important to note that if there are multiple applicants, at least one of them must be a national or resident of a Contracting State.

Tags: contracting state, International Patent Application, patent applicant, PCT