37 CFR § 1.434 — The request. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.434 The request.
This page consolidates MPEP guidance interpreting 37 CFR § 1.434, including 45 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 Request must include the inventor's name and a reference to any prior-filed national application, along with other required elements such as the invention title.
What this section covers
- This section covers the requirements for an international application under PCT, including the elements of a PCT request.
- The core topic is the requirements for a PCT request, focusing on ensuring compliance with 37 CFR 1.434.
Key obligations
- The primary requirement is to include the inventor's name and a reference to any prior-filed national application in the request.
- Additionally, a title of the invention must be included in the request, which should be short and precise.
- The request must comply with 37 CFR 1.434, ensuring all required information is accurately provided.
Practice notes
- Ensure all required information is clearly and accurately provided in the request.
- Avoid missing the inventor's name or any other required elements in the request to ensure compliance.
Official MPEP § 1.434 — The request.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.434 The request.
- (a) The request shall be made on a standardized form ( PCT Rules 3 and 4 ). Copies of printed Request forms are available from the United States Patent and Trademark Office. Letters requesting printed forms should be marked “Mail Stop PCT.”
- (b) The Check List portion of the Request form should indicate each document accompanying the international application on filing.
- (c) All information, for example, addresses, names of States and dates, shall be indicated in the Request as required by PCT Rule 4 and Administrative Instructions 110 and 201 .
- (d) For the purposes of the designation of the United
States of America, an international application shall include:
- (1) The name of the inventor; and
- (2) A reference to any prior-filed national application or international application designating the United States of America, if the benefit of the filing date for the prior-filed application is to be claimed.
- (e) An international application may also include in the Request a declaration of the inventors as provided for in PCT Rule 4.17(iv) .
[Para. (a) amended, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; para. (d) revised, 66 FR 16004, Mar. 22, 2001, effective Mar. 1, 2001; para. (d)(2) revised, 66 FR 67087, Dec. 28, 2001, effective Dec. 28, 2001; paras. (a) & (d)(2) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (d) revised, para (e) added, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004]
- Foreign Filing License
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- Pct Amendments Article 19
- Pct Description Claims
- Pct Filing
- Pct Request
| MPEP Section | Rules |
|---|---|
| MPEP § 1821 |