37 CFR § 1.432 — Designation of States by filing an international (MPEP Index) – BlueIron IP
37 CFR § 1.432 Designation of States by filing an international
This page consolidates MPEP guidance interpreting 37 CFR § 1.432, including 7 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
The filing of an international application designates all Contracting States that are bound by the Treaty on the international filing date, with certain exceptions.
What this section covers
- This section covers the designation of Contracting States in an international application.
Key obligations
- Filing an international application constitutes the designation of all Contracting States bound by the Treaty.
- An indication must be provided for each Contracting State in which protection is sought.
Conditions and exceptions
- Certain States may be excepted from the all-inclusive designation system under limited circumstances.
Practice notes
- Practitioners should ensure all Contracting States are properly designated in the international application.
- Missing or incorrectly designating states could lead to loss of priority rights.
Official MPEP § 1.432 — Designation of States by filing an international
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.432 Designation of States by filing an international application.
The filing of an international application request shall constitute:
- (a) The designation of all Contracting States that are bound by the Treaty on the international filing date;
- (b) An indication that the international application is, in respect of each designated State to which PCT Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State; and
- (c) An indication that the international application is, in respect of each designated State to which PCT Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent.
[43 FR 20458, May 11, 1978; para. (b) amended 52 FR 20047, May 28, 1987; paras. (a), (b) amended and para. (c) added, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; paras. (b) and (c) revised, para. (d) added, 63 FR 29614, June 1, 1998, effective July 1, 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004]
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- Pct Amendments Article 19
- Pct Filing
- Pct Request
| MPEP Section | Rules |
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| MPEP § 1821 |