This page consolidates MPEP guidance interpreting PCT Rule 54bis, including 4 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 Time Limit for Making a Demand is the requirement to submit it before the later of two specific periods: three months from transmittal or the international filing date plus 18 months.

What this section covers

• This section covers the requirement to make a demand before the later of two specific dates, ensuring compliance with PCT Rule 54bis for international patent examination procedures.

Key obligations

• Practitioners must ensure the demand is made before the expiration of whichever period is later: three months from the date of transmittal or the international filing date plus 18 months.
• The demand must be made in accordance with PCT Article 34 and its amendments, as applicable.

Practice notes

• It is crucial to calculate the exact dates for both periods accurately, as missing this deadline can result in losing the right to request an international preliminary examination.
• Practitioners should keep records of all communications and deadlines to ensure compliance with PCT Rule 54bis.

Related Provisions

• PCT Article 34
• PCT Article 19

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