PCT Rule 54 — The Applicant Entitled to Make a Demand (MPEP Coverage Index) – BlueIron IP
PCT Rule 54 The Applicant Entitled to Make a Demand
This page consolidates MPEP guidance interpreting PCT Rule 54, including 14 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 who can request an optional international preliminary examination under PCT Rule 54, with key obligations including ensuring the applicant is a national or resident of designated or elected states and complying with PCT Article 34 amendments.
What this section covers
- This section covers who can request an optional international preliminary examination under PCT Rule 54.
Key obligations
- The primary requirement is for the applicant to be entitled to make a demand under PCT Rule 54.
- Nationals and residents of the designated or elected States are entitled to make a demand under PCT Rule 54.
- The applicant must comply with the requirements of PCT Article 34 for making a demand.
Practice notes
- Practitioners should ensure the applicant is a national or resident of the designated or elected States before making a demand.
- Practitioners should review PCT Article 34 amendments for any changes that may affect the demand process.
Official MPEP § 54 — The Applicant Entitled to Make a Demand
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 54 The Applicant Entitled to Make a Demand
54.1 Residence and Nationality
- (a) Subject to the provisions of paragraph (b), the residence or nationality of the applicant shall, for the purposes of Article 31(2) , be determined according to Rule 18.1(a) and 18.1(b) .
- (b) The International Preliminary Examining Authority shall, in the circumstances specified in the Administrative Instructions, request the receiving Office or, where the international application was filed with the International Bureau as receiving Office, the national Office of, or acting for, the Contracting State concerned to decide the question whether the applicant is a resident or national of the Contracting State of which he claims to be a resident or national. The International Preliminary Examining Authority shall inform the applicant of any such request. The applicant shall have an opportunity to submit arguments directly to the Office concerned. The Office concerned shall decide the said question promptly.
54.2 Right to Make a Demand
The right to make a demand under Article 31(2) shall exist if the applicant making the demand or, if there are two or more applicants, at least one of them is a resident or national of a Contracting State bound by Chapter II and the international application has been filed with a receiving Office of or acting for a Contracting State bound by Chapter II.
54.3 International Applications Filed with the International Bureau as Receiving Office
Where the international application is filed with the International Bureau as receiving Office under Rule 19.1(a)(iii) , the International Bureau shall, for the purposes of Article 31(2)(a) , be considered to be acting for the Contracting State of which the applicant is a resident or national.
54.4 Applicant Not Entitled to Make a Demand
If the applicant does not have the right to make a demand or, in the case of two or more applicants, if none of them has the right to make a demand under Rule 54.2 , the demand shall be considered not to have been submitted.
- Patent Term
- Pct
- Pct Filing
- Pct International Preliminary Examination
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| MPEP Section | Rules |
|---|---|
| MPEP § 1842 | |
| MPEP § 1843 | |
| MPEP § 1845 | |
| MPEP § 1864 | |
| MPEP § 1864.02 | |
| MPEP § 1865 | |
| MPEP § 1868 |