PCT Rule 58 — The Preliminary Examination Fee (MPEP Coverage Index) – BlueIron IP
PCT Rule 58 The Preliminary Examination Fee
This page consolidates MPEP guidance interpreting PCT Rule 58, including 6 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 PCT Rule 58bis.1(a) permits the International Preliminary Examining Authority to collect a late payment fee as specified in PCT Rule 58bis.2 if preliminary examination fees are not paid on time.
What this section covers
- The late payment fee is applicable under PCT Rule 58bis.1(a) for non-payment of preliminary examination fees before their due date.
Key obligations
- The International Preliminary Examining Authority may collect a late payment fee if preliminary examination fees are not paid before their due date.
- The specific late payment fee is set forth in PCT Rule 58bis.2.
Practice notes
- Practitioners should ensure timely payment of preliminary examination fees to avoid incurring the late payment fee.
- The exact amount of the late payment fee is determined by PCT Rule 58bis.2, and practitioners should refer to this rule for specific details.
Official MPEP § 58 — The Preliminary Examination Fee
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 58 The Preliminary Examination Fee
58.1 Right to Ask for a Fee
- (a) Each International Preliminary Examining Authority may require that the applicant pay a fee (“preliminary examination fee”) for its own benefit for carrying out the international preliminary examination and for performing all other tasks entrusted to International Preliminary Examining Authorities under the Treaty and these Regulations.
- (b) The amount of the preliminary examination fee, if any, shall be fixed by the International Preliminary Examining Authority. As to the time limit for payment of the preliminary examination fee and the amount payable, the provisions of Rule 57.3 relating to the handling fee shall apply mutatis mutandis.
- (c) The preliminary examination fee shall be payable directly to the International Preliminary Examining Authority. Where that Authority is a national Office, it shall be payable in the currency prescribed by that Office, and where the Authority is an intergovernmental organization, it shall be payable in the currency of the State in which the intergovernmental organization is located or in any other currency which is freely convertible into the currency of the said State.
58.2 [Deleted]
58.3 Refund
The International Preliminary Examining Authorities shall inform the International Bureau of the extent, if any, to which, and the conditions, if any, under which, they will refund any amount paid as a preliminary examination fee where the demand is considered as if it had not been submitted, and the International Bureau shall promptly publish such information.
- Maintenance Fee Payment
- Pct
- Pct Fees
- Pct International Preliminary Examination
| MPEP Section | Rules |
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| MPEP § 1867 |