PCT Article 5 — – The Description (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Article 5, including 30 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 outlines the conditions under which a replacement deposit is not required for samples that cannot be furnished due to national security, health, or environmental safety reasons.

What this section covers

This section covers the situation where a replacement deposit is not required when samples cannot be furnished due to national security, health, or environmental safety reasons.

Key obligations

Practitioners must ensure that the depository cannot furnish samples due to national security, health, or environmental safety reasons before claiming exemption from providing a replacement deposit.
The depository must still provide a replacement deposit if the samples can be furnished for any reason other than national security, health, or environmental safety.
Compliance with 37 CFR § 1.805(h) is required to avoid the need for a replacement deposit.

Practice notes

Practitioners should document the reasons why samples cannot be furnished due to national security, health, or environmental safety in order to support their claim for exemption from providing a replacement deposit.
Filing a request for a replacement deposit under these conditions should be done promptly to avoid any delays in the patent application process.

Additional Mandatory Elements for International Design ApplicationsMPEP 2907Required
Indication of Design Creator Required for Certain Contracting PartiesMPEP 2907Required
Additional Elements Required for International Design ApplicationMPEP 2907Required
Mandatory Application Elements for International DesignMPEP 2909Required
International Design Application Contents Must IncludeMPEP 2909Prohibited
Internet Email Must Have Written AuthorizationMPEP 502.03Prohibited
Additional Mandatory Contents for International Design ApplicationsMPEP 2909Required
Notification for Unity of Design RequirementMPEP 2920.05(b)Required
Internet Email and Messaging Contents Must Be Filed As Paper CopiesMPEP 502.03Required

Additional Mandatory Elements for International Design ApplicationsMPEP 2907Required
Indication of Design Creator Required for Certain Contracting PartiesMPEP 2907Required
Additional Elements Required for International Design ApplicationMPEP 2907Required
Notification of Deficiencies for International Design ApplicationsMPEP 2907Required
Mandatory Application Elements for International DesignMPEP 2909Required
Claim Required for Design ApplicationsMPEP 2909Required
Product Indications May Differ From Claimed ArticleMPEP 2920.04(a)Required
Claim Must Describe Ornamental Design as ShownMPEP 2903Required
Additional Mandatory Contents for International Design ApplicationsMPEP 2909Required
Notification for Unity of Design RequirementMPEP 2920.05(b)Required
Internet Email and Messaging Contents Must Be Filed As Paper CopiesMPEP 502.03Required

Industrial Design Registration on ConformityMPEP 2907
Date of International Registration Determined by Filing or CorrectionMPEP 2907
Oath or Declaration Required for Contracting Party DesignationMPEP 2907
Claim Is Required for Design ApplicationsMPEP 2909
Claim Requirement for Design ApplicationsMPEP 2909
Claim Required for US Design ApplicationMPEP 2909
Claim Requirement for US Design ApplicationsMPEP 2909
Amendments to Title Language Throughout ApplicationMPEP 2920.04(a)Recommended
Specification Must Comply with Title and Description RequirementsMPEP 2920.04(a)Permitted
Date of International Registration Determined by Filing or CorrectionMPEP 2907
Defects in Design Application Must Be RemediedMPEP 2907
Deficiency Notification for Design ApplicationsMPEP 2907
Claim Required for International Design Application Designating USMPEP 2909
Product Indications Must Be Identified By Locarno Classification TermsMPEP 2920.04(a)
Replacement Deposit Not Required for National Security, Health, or Environmental Safety ReasonsMPEP 2407.05
Title Must Match Figure DescriptionsMPEP 2920.04(a)
No Replacement Deposit If Samples Cannot Be Furnished Outside Jurisdiction Due to National Security, Health, or Environmental Safety ReasonsMPEP 2407.05Prohibited

MPEP Section	Rules
MPEP § 2407.05	Replacement Deposit Not Required for National Security, Health, or Environmental Safety ReasonsMPEP 2407.05 No Replacement Deposit If Samples Cannot Be Furnished Outside Jurisdiction Due to National Security, Health, or Environmental Safety ReasonsMPEP 2407.05Prohibited
MPEP § 2903	Claim Must Describe Ornamental Design as ShownMPEP 2903Required
MPEP § 2907	Industrial Design Registration on ConformityMPEP 2907 Date of International Registration Determined by Filing or CorrectionMPEP 2907 Additional Mandatory Elements for International Design ApplicationsMPEP 2907Required Indication of Design Creator Required for Certain Contracting PartiesMPEP 2907Required Additional Elements Required for International Design ApplicationMPEP 2907Required Notification of Deficiencies for International Design ApplicationsMPEP 2907Required Oath or Declaration Required for Contracting Party DesignationMPEP 2907 Date of International Registration Determined by Filing or CorrectionMPEP 2907 Defects in Design Application Must Be RemediedMPEP 2907 Deficiency Notification for Design ApplicationsMPEP 2907
MPEP § 2909	Mandatory Application Elements for International DesignMPEP 2909Required International Design Application Contents Must IncludeMPEP 2909Prohibited Claim Is Required for Design ApplicationsMPEP 2909 Claim Required for Design ApplicationsMPEP 2909Required Claim Requirement for Design ApplicationsMPEP 2909 Claim Required for US Design ApplicationMPEP 2909 Claim Requirement for US Design ApplicationsMPEP 2909 Claim Required for International Design Application Designating USMPEP 2909 Additional Mandatory Contents for International Design ApplicationsMPEP 2909Required
MPEP § 2920.04(a)	Amendments to Title Language Throughout ApplicationMPEP 2920.04(a)Recommended Product Indications May Differ From Claimed ArticleMPEP 2920.04(a)Required Specification Must Comply with Title and Description RequirementsMPEP 2920.04(a)Permitted Product Indications Must Be Identified By Locarno Classification TermsMPEP 2920.04(a) Title Must Match Figure DescriptionsMPEP 2920.04(a)
MPEP § 2920.05(b)	Notification for Unity of Design RequirementMPEP 2920.05(b)Required
MPEP § 502.03	Internet Email Must Have Written AuthorizationMPEP 502.03Prohibited Internet Email and Messaging Contents Must Be Filed As Paper CopiesMPEP 502.03Required

Related Provisions

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

PCT Article 5 — – The Description (MPEP Coverage Index) – BlueIron IP

PCT Article 5 – The Description

Summary

Official MPEP § 5 — – The Description

Article 5 – The Description

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions