PCT Rule 83 — Right to Practice before International (MPEP Coverage Index) – BlueIron IP
PCT Rule 83 Right to Practice before International
This page consolidates MPEP guidance interpreting PCT Rule 83, including 3 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 Right to Practice under the Patent Cooperation Treaty (PCT) is governed by PCT Article 49 and Rule 83, which define who can practice an invention claimed in a PCT application during its pendency.
What this section covers
- This section covers the right to practice under PCT Article 49 and Rule 83.
Key obligations
- A patent applicant or their assignee must be entitled to practice the claimed invention in a Contracting State.
- The right to practice is subject to any conditions imposed by a Contracting State.
- The right to practice is subject to the laws and regulations of each Contracting State.
Practice notes
- Ensure that the claim language of the PCT application is sufficiently broad to cover the intended practice.
- Do not assume that the right to practice is automatically granted without considering the specific requirements of each Contracting State.
Official MPEP § 83 — Right to Practice before International
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 83 Right to Practice before International Authorities
83.1 Proof of Right
The International Bureau, the competent International Searching Authority, and the competent International Preliminary Examining Authority may require the production of proof of the right to practice referred to in Article 49 .
83.1 bis Where the International Bureau Is the Receiving Office
- (a) Any person who has the right to practice before the national Office of, or acting for, a Contracting State of which the applicant or, if there are two or more applicants, any of the applicants is a resident or national shall be entitled to practice in respect of the international application before the International Bureau in its capacity as receiving Office under Rule 19.1(a)(iii) .
- (b) Any person having the right to practice before the International Bureau in its capacity as receiving Office in respect of an international application shall be entitled to practice in respect of that application before the International Bureau in any other capacity and before the competent International Searching Authority and competent International Preliminary Examining Authority.
83.2 Information
- (a) The national Office or the intergovernmental organization which the interested person is alleged to have a right to practice before shall, upon request, inform the International Bureau, the competent International Searching Authority, or the competent International Preliminary Examining Authority, whether such person has the right to practice before it.
- (b) Such information shall be binding upon the International Bureau, the International Searching Authority, or the International Preliminary Examining Authority, as the case may be.