PCT Rule 38 — Missing or Defective Abstract (MPEP Coverage Index) – BlueIron IP

PCT Rule 38 Missing or Defective Abstract

Source: Patent Cooperation Treaty (PCT)BlueIron Update:

This page consolidates MPEP guidance interpreting PCT Rule 38, 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 outlines the process when a receiving Office finds an abstract missing or defective in PCT filings, requiring it to invite the applicant to furnish an abstract within a fixed time limit.

What this section covers

  • Defines the process for handling missing or defective abstracts in PCT filings by requiring receiving offices to invite applicants to provide an abstract within a specified timeframe.

Key obligations

  • Receiving Office must invite the applicant to furnish an abstract within a time limit fixed in the invitation.
  • Provides guidance on how to correct defective abstracts if not provided by the applicant.
  • Ensures compliance with this requirement is necessary under the Patent Cooperation Treaty (PCT).

Practice notes

  • Ensure the abstract is included in the initial filing to avoid delays and additional costs.
  • Failing to respond promptly to the receiving Office's invitation can result in the application being deemed abandoned.

Related Provisions

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