This page consolidates MPEP guidance interpreting PCT Article 9, including 17 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 – The Applicant section covers the eligibility for filing an international application by a national or resident of a Contracting State under PCT, ensuring that at least one applicant must be from a Contracting State.

What this section covers

• This section covers the eligibility for filing an international application by a national or resident of a Contracting State.
• It provides guidance on who can file an international application under the Patent Cooperation Treaty (PCT).

Key obligations

• The primary requirement is that the applicant must be a national or resident of a Contracting State to file an international application.
• The applicant must ensure that the filing is made in accordance with the rules of the Contracting State they are a national or resident of.

Practice notes

• Practitioners should verify the national or resident status of the applicant to ensure compliance with PCT filing requirements.
• Common pitfalls include filing by a non-national or resident of the Contracting State, which may result in rejection of the international application.

Related Provisions

• PCT Rule 18
• 35 U.S.C. § 122
• 35 U.S.C. § 361
• 37 CFR § 1.412
• PCT Rule 19

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