PCT Rule 28 — Defects Noted by the International Bureau (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Rule 28, including 11 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 covers the requirement for paying a two-part designation fee at filing and upon allowance of an international design application under PCT Rule 28, with specific obligations related to this process.

What this section covers

Practitioners must ensure timely payment of a two-part designation fee at filing and upon allowance of an international design application.

Key obligations

The first part of the designation fee must be paid upon filing the international design application.
The second part, unless a micro entity status applies, must be paid upon allowance of the application.
Failure to pay these fees in the required manner can result in defects noted by the International Bureau, potentially leading to application abandonment.

Practice notes

It is crucial to keep track of the filing and allowance dates to ensure timely payment of both parts of the designation fee.
Micro entities may qualify for reduced or waived fees, and must apply for this status before the filing date.

Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06Required
Change of Entity Status Must Be CommunicatedMPEP 2920.06Required

Designation Fee Must Be Paid in Two Parts Upon Filing and AllowanceMPEP 2910
First Part of US Designation Fee Comprises Basic Filing, Search, and Examination Fees in Swiss CurrencyMPEP 2910
Issue Fee Must Be Paid After AllowanceMPEP 2910
Discount for Small and Micro Entities on US Designation FeesMPEP 2910
Payment of Small Entity First Part Fee Asserts StatusMPEP 2910
Micro Entity Certification Must Be Signed By Authorized Representative Before International BureauMPEP 2910Permitted
Issue Fee Can Be Paid Directly or Through International BureauMPEP 2920.06Permitted
Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06
Payment Must Match Entity Status IndicatedMPEP 2920.06

MPEP Section	Rules
MPEP § 2910	Designation Fee Must Be Paid in Two Parts Upon Filing and AllowanceMPEP 2910 First Part of US Designation Fee Comprises Basic Filing, Search, and Examination Fees in Swiss CurrencyMPEP 2910 Issue Fee Must Be Paid After AllowanceMPEP 2910 Discount for Small and Micro Entities on US Designation FeesMPEP 2910 Payment of Small Entity First Part Fee Asserts StatusMPEP 2910 Micro Entity Certification Must Be Signed By Authorized Representative Before International BureauMPEP 2910Permitted
MPEP § 2920.06	Issue Fee Can Be Paid Directly or Through International BureauMPEP 2920.06Permitted Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06Required Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06 Payment Must Match Entity Status IndicatedMPEP 2920.06 Change of Entity Status Must Be CommunicatedMPEP 2920.06Required

MPEP Section

Rules

MPEP § 2910

MPEP § 2920.06

Issue Fee Can Be Paid Directly or Through International BureauMPEP 2920.06Permitted
Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06Required
Issue Fee Must Be Paid in Swiss CurrencyMPEP 2920.06
Payment Must Match Entity Status IndicatedMPEP 2920.06
Change of Entity Status Must Be CommunicatedMPEP 2920.06Required

Related Provisions

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

PCT Rule 28 — Defects Noted by the International Bureau (MPEP Coverage Index) – BlueIron IP

PCT Rule 28 Defects Noted by the International Bureau

Summary

Official MPEP § 28 — Defects Noted by the International Bureau

Rule 28 Defects Noted by the International Bureau

28.1 Note on Certain Defects

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions