This page consolidates MPEP guidance interpreting PCT Rule 18, including 25 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

National or resident of a Contracting State may file an international application under PCT Rule 18, with no additional required elements beyond being a national or resident.

What this section covers

• This section covers the eligibility for nationals or residents of Contracting States to file international applications under the 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.
• There are no additional required elements or conditions beyond being a national or resident of a Contracting State.
• The authority for this requirement is found in the PCT rules and MPEP.

Practice notes

• Practitioners should ensure the applicant is a national or resident of a Contracting State before filing an international application.
• A common pitfall is failing to verify the applicant's status as a national or resident of a Contracting State.

Related Provisions

• 37 CFR § 1.1063
• PCT Article 9
• PCT Article 12
• 35 U.S.C. § 102
• 35 U.S.C. § 361

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