PCT Rule 9 — Expressions, Etc., Not to Be Used (MPEP Coverage Index) – BlueIron IP
PCT Rule 9 Expressions, Etc., Not to Be Used
This page consolidates MPEP guidance interpreting PCT Rule 9, including 33 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 ensures that reproductions in international design applications comply with the formal requirements of Rule 9 and Part Four of the Administrative Instructions, as outlined by the Hague Agreement.
What this section covers
- This section covers reproductions required for international design applications, ensuring compliance with Rule 9 and Part Four of the Administrative Instructions.
Key obligations
- Practitioners must ensure reproductions comply with the requirements of Rule 9 and Part Four of the Administrative Instructions.
- Reproductions must include all mandatory elements as specified in Rule 9 and Part Four of the Administrative Instructions.
- Practitioners must adhere to the Hague Principles as outlined in Rule 9 and Part Four of the Administrative Instructions.
Practice notes
- Review the specific requirements for reproductions in Rule 9 and Part Four of the Administrative Instructions before filing.
- Be aware of potential pitfalls in ensuring all mandatory elements are included in reproductions, as outlined in Rule 9 and Part Four of the Administrative Instructions.
Official MPEP § 9 — Expressions, Etc., Not to Be Used
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 9 Expressions, Etc., Not to Be Used
9.1 Definition
The international application shall not contain:
- (i) expressions or drawings contrary to morality;
- (ii) expressions or drawings contrary to public order;
- (iii) statements disparaging the products or processes of any particular person other than the applicant, or the merits or validity of applications or patents of any such person (mere comparisons with the prior art shall not be considered disparaging per se);
- (iv) any statement or other matter obviously irrelevant or unnecessary under the circumstances.
9.2 Noting of Lack of Compliance
The receiving Office, the International Searching Authority, the Authority specified for supplementary search and the International Bureau may note lack of compliance with the prescriptions of Rule 9.1 and may suggest to the applicant that he voluntarily correct his international application accordingly, in which case the receiving Office, the competent International Searching Authority, the competent Authority specified for supplementary search and the International Bureau, as applicable, shall be informed of the suggestion.
9.3 Reference to Article 21(6)
“Disparaging statements,” referred to in Article 21(6) , shall have the meaning as defined in Rule 9.1(iii) .
- International Design
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- Ida Requirements
- Ida Contents
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- Ida Title Description
- International Bureau
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- Section 112
- Section 112B
| MPEP Section | Rules |
|---|---|
| MPEP § 2909.02 | |
| MPEP § 2909.02(a) | |
| MPEP § 2920.04(b) | |
| MPEP § 2920.05(a) | |
| MPEP § 502.05 |