PCT Article 3 — – The International Application (MPEP Coverage Index) – BlueIron IP
PCT Article 3 – The International Application
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 3, including 10 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 defines who can file an international design application under Article 3 of the Hague Agreement, requiring a person to be a national of a Contracting Party or a member state.
What this section covers
- Outlines the requirements for filing an international design application under Article 3 of the Hague Agreement.
Key obligations
- A person must be a national of a Contracting Party or a member state to file an international design application.
- The applicant must meet the eligibility criteria as defined by Article 3 of the Hague Agreement for filing an international design application.
Practice notes
- Verify the national status of the applicant before filing an international design application.
- Non-nationals may need to rely on a representative or agent who is a national of the Contracting Party.
Official MPEP § 3 — – The International Application
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 3 – The International Application
- (1) Applications for the protection of inventions in any of the Contracting States may be filed as international applications under this Treaty.
- (2) An international application shall contain, as specified in this Treaty and the Regulations, a request, a description, one or more claims, one or more drawings (where required), and an abstract.
- (3) The abstract merely serves the purpose of technical information and cannot be taken into account for any other purpose, particularly not for the purpose of interpreting the scope of the protection sought.
- (4) The international application shall:
- (i) be in a prescribed language;
- (ii) comply with the prescribed physical requirements;
- (iii) comply with the prescribed requirement of unity of invention;
- (iv) be subject to the payment of the prescribed fees.
- International Design
- Ida Requirements
- Ida Applicant
- Pct
- Pct Amendments Article 19
- Pct Fees
- Pct Filing
- Pct Request
| MPEP Section | Rules |
|---|---|
| MPEP § 1812 | |
| MPEP § 1850 | |
| MPEP § 2904 |