35 U.S.C. § 361 — Receiving Office (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 361, including 48 rules 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.

Summary

This section requires obtaining a license from the Commissioner for Patents under 35 USC 184 before filing any modifications, amendments, or supplements to a US patent application abroad.

What this section covers

Defines the requirement for filing patent applications abroad after a US filing.

Key obligations

Filing any modifications, amendments, or supplements to the application also requires a license.
Divisions of the original application must be filed with the required license.

Practice notes

Ensure all necessary filings are made before attempting to file abroad.
Avoid delays that could invalidate the application by timely filing.

Requirement for Filing Patent Application Abroad After US FilingMPEP 140Required
No US Filing for InventionMPEP 140
Filing Requirement for Receiving OfficeMPEP 1801Required
USPTO as Receiving Office for Nationals and ResidentsMPEP 1801
International Bureau as Receiving Office for U.S. Residents and NationalsMPEP 1801
Filing and Formalities Review by Receiving Office Required for International ApplicationsMPEP 1801
Designation of At Least One Contracting State Required for International ApplicationMPEP 1801Required
Date of Actual Receipt Required for PCT ApplicationsMPEP 1805
Date of Actual Receipt for PCT RequestsMPEP 1805Required
Priority Mail Express Considered Filed DateMPEP 1805Recommended
International Filing Date Denied for Non-PCT NationalsMPEP 1805
Agreement With the International Bureau RequirementMPEP 1862
Requirement for Agreement with International Bureau to Serve as an International Preliminary Examining AuthorityMPEP 1862
Agreement With the International Bureau Required for Examining AuthorityMPEP 1862

Requirement for Filing Patent Application Abroad After US FilingMPEP 140Required
Filing Requirement for Receiving OfficeMPEP 1801Required
Designation of At Least One Contracting State Required for International ApplicationMPEP 1801Required
Patent and Trademark Office as Receiving Office for US Nationals/ResidentsMPEP 1805Required
Date of Actual Receipt for PCT RequestsMPEP 1805Required
Foreign Filing License Unless Made In U.S. Or Prior Application FiledMPEP 1805Required

Fees Must Be Paid Within One MonthMPEP 1801
Payment of Filing Fees Required Within One MonthMPEP 1801
Receiving Office Handles Filing and Informality CorrectionsMPEP 1801
Search Copy Must Be Transmitted to ISA by 13 MonthsMPEP 1801Recommended
Home Copy Remains with Receiving OfficeMPEP 1801
International Searching Authority Becomes Processing Focus After Application TransmissionMPEP 1801
U.S. Receiving Office Requires English FilingsMPEP 1803
International Filing Date Despite Language IncompatibilityMPEP 1803
USPTO Not Accepting PCT Rules 20.1(c), 26.3ter(a), and 26.3ter(c)MPEP 1803
PCT Rules Not Applicable to USPTO Due to IncompatibilityMPEP 1803Prohibited
Patent and Trademark Office as Receiving Office for Foreign Nationals' ApplicationsMPEP 1805Permitted
Who Can File an International ApplicationMPEP 1805Permitted
International Application Filing Requirement for US Nationals/ResidentsMPEP 1805Permitted
Requirement for U.S. Resident or National Applicant to File International ApplicationMPEP 1805
Requirement for U.S. Resident or National ApplicantsMPEP 1805
Electronically File International Applications with USPTOMPEP 1805Permitted
PCT Papers May Be Hand-Delivered to USPTOMPEP 1805Permitted
Mailing Address for PCT Applications Excluded from Certificate of Mailing ProceduresMPEP 1805Recommended
Date of Receipt Adjusted for HolidaysMPEP 1805
Facsimile Transmission for Certain Papers in International ApplicationsMPEP 1805Prohibited
Facsimile Transmission Allowed for DemandMPEP 1805Permitted
PCT Requirements and Procedures Guidance AvailableMPEP 1805
Transmittal to International Bureau as Receiving Office for Certain ApplicationsMPEP 1805
Requirement for Forwarding International Application to International BureauMPEP 1805Permitted
Filing Date Determined by US Receiving Office for International ApplicationsMPEP 1805
International Application Forwarded When US Office Is IncompetentMPEP 1805
Application Forwarded for Unclear Residency/NationalityMPEP 1805
Application Forwarded to International Bureau if No Residence/Nationality IndicatedMPEP 1805
Transmittal Fee Requirement for PCT ApplicationsMPEP 1805
PCT Applicants May Directly File With International BureauMPEP 1805Permitted
Option to File Directly with International Bureau After Priority PeriodMPEP 1805Permitted
Request for Priority Restoration After DeadlineMPEP 1805Permitted

MPEP Section	Rules
MPEP § 140	Requirement for Filing Patent Application Abroad After US FilingMPEP 140Required No US Filing for InventionMPEP 140
MPEP § 1801	Filing Requirement for Receiving OfficeMPEP 1801Required USPTO as Receiving Office for Nationals and ResidentsMPEP 1801 International Bureau as Receiving Office for U.S. Residents and NationalsMPEP 1801 Filing and Formalities Review by Receiving Office Required for International ApplicationsMPEP 1801 Designation of At Least One Contracting State Required for International ApplicationMPEP 1801Required Fees Must Be Paid Within One MonthMPEP 1801 Payment of Filing Fees Required Within One MonthMPEP 1801 Receiving Office Handles Filing and Informality CorrectionsMPEP 1801 Search Copy Must Be Transmitted to ISA by 13 MonthsMPEP 1801Recommended Home Copy Remains with Receiving OfficeMPEP 1801 International Searching Authority Becomes Processing Focus After Application TransmissionMPEP 1801
MPEP § 1803	U.S. Receiving Office Requires English FilingsMPEP 1803 International Filing Date Despite Language IncompatibilityMPEP 1803 USPTO Not Accepting PCT Rules 20.1(c), 26.3ter(a), and 26.3ter(c)MPEP 1803 PCT Rules Not Applicable to USPTO Due to IncompatibilityMPEP 1803Prohibited
MPEP § 1805	Patent and Trademark Office as Receiving Office for US Nationals/ResidentsMPEP 1805Required Patent and Trademark Office as Receiving Office for Foreign Nationals' ApplicationsMPEP 1805Permitted Who Can File an International ApplicationMPEP 1805Permitted International Application Filing Requirement for US Nationals/ResidentsMPEP 1805Permitted Requirement for U.S. Resident or National Applicant to File International ApplicationMPEP 1805 Requirement for U.S. Resident or National ApplicantsMPEP 1805 Electronically File International Applications with USPTOMPEP 1805Permitted PCT Papers May Be Hand-Delivered to USPTOMPEP 1805Permitted Mailing Address for PCT Applications Excluded from Certificate of Mailing ProceduresMPEP 1805Recommended Date of Receipt Adjusted for HolidaysMPEP 1805 Facsimile Transmission for Certain Papers in International ApplicationsMPEP 1805Prohibited Facsimile Transmission Allowed for DemandMPEP 1805Permitted PCT Requirements and Procedures Guidance AvailableMPEP 1805 Date of Actual Receipt Required for PCT ApplicationsMPEP 1805 Date of Actual Receipt for PCT RequestsMPEP 1805Required Priority Mail Express Considered Filed DateMPEP 1805Recommended Transmittal to International Bureau as Receiving Office for Certain ApplicationsMPEP 1805 Requirement for Forwarding International Application to International BureauMPEP 1805Permitted Filing Date Determined by US Receiving Office for International ApplicationsMPEP 1805 International Application Forwarded When US Office Is IncompetentMPEP 1805 Application Forwarded for Unclear Residency/NationalityMPEP 1805 Application Forwarded to International Bureau if No Residence/Nationality IndicatedMPEP 1805 Transmittal Fee Requirement for PCT ApplicationsMPEP 1805 International Filing Date Denied for Non-PCT NationalsMPEP 1805 PCT Applicants May Directly File With International BureauMPEP 1805Permitted Option to File Directly with International Bureau After Priority PeriodMPEP 1805Permitted Request for Priority Restoration After DeadlineMPEP 1805Permitted Foreign Filing License Unless Made In U.S. Or Prior Application FiledMPEP 1805Required
MPEP § 1862	Agreement With the International Bureau RequirementMPEP 1862 Requirement for Agreement with International Bureau to Serve as an International Preliminary Examining AuthorityMPEP 1862 Agreement With the International Bureau Required for Examining AuthorityMPEP 1862

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

35 U.S.C. § 361 — Receiving Office (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 361 Receiving Office

Summary

Official MPEP § 361 — Receiving Office

35 U.S.C. 361 Receiving Office.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions