MPEP § 1803 — Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America (Annotated Rules)
§1803 Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America
This page consolidates and annotates all enforceable requirements under MPEP § 1803, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America
This section addresses Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America. Primary authority: 35 U.S.C. 122(b), 35 U.S.C. 122(b)(2), and 35 U.S.C. 361(c). Contains: 1 requirement, 1 prohibition, and 3 other statements.
Key Rules
Receiving Office (RO/US)
The U.S. Receiving Office continues to accept applications only in English. See 35 U.S.C. 361(c). PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) permit an international filing date to be accorded even though portions of an international application are in a language not acceptable to the Receiving Office. PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible with the national law applied by the United States Patent and Trademark Office (USPTO) as receiving Office. Thus, the USPTO has made a notification of incompatibility with respect to these rules pursuant to PCT Rules 20.1(d), 26.3ter(b) and 26.3ter(d). As a result, PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) shall not apply to the USPTO as receiving Office for as long as the aforementioned incompatibility exists.
The U.S. Receiving Office continues to accept applications only in English. See 35 U.S.C. 361(c). PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) permit an international filing date to be accorded even though portions of an international application are in a language not acceptable to the Receiving Office. PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible with the national law applied by the United States Patent and Trademark Office (USPTO) as receiving Office. Thus, the USPTO has made a notification of incompatibility with respect to these rules pursuant to PCT Rules 20.1(d), 26.3ter(b) and 26.3ter(d). As a result, PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) shall not apply to the USPTO as receiving Office for as long as the aforementioned incompatibility exists.
Demand for Preliminary Examination
The United States of America had originally declared that it was not bound by Chapter II (PCT Article 64(1)), but withdrew that reservation on July 1, 1987.
Access to Published PCT Applications
It has also declared that, as far as the United States of America is concerned, international publication is not required (PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent. This reservation is still in effect.
Article 19 Amendment Scope
It has also declared that, as far as the United States of America is concerned, international publication is not required (PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent. This reservation is still in effect.
Access to Published Application File
It has also declared that, as far as the United States of America is concerned, international publication is not required (PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent. This reservation is still in effect.
Access to National Stage Applications
It has also declared that, as far as the United States of America is concerned, international publication is not required (PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent. This reservation is still in effect.
Effect of International Filing
It has also declared that, as far as the United States of America is concerned, international publication is not required (PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent. This reservation is still in effect.
International Filing Date
The U.S. Receiving Office continues to accept applications only in English. See 35 U.S.C. 361(c). PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) permit an international filing date to be accorded even though portions of an international application are in a language not acceptable to the Receiving Office. PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible with the national law applied by the United States Patent and Trademark Office (USPTO) as receiving Office. Thus, the USPTO has made a notification of incompatibility with respect to these rules pursuant to PCT Rules 20.1(d), 26.3ter(b) and 26.3ter(d). As a result, PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) shall not apply to the USPTO as receiving Office for as long as the aforementioned incompatibility exists.
Nationals and Residents
The U.S. Receiving Office continues to accept applications only in English. See 35 U.S.C. 361(c). PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) permit an international filing date to be accorded even though portions of an international application are in a language not acceptable to the Receiving Office. PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible with the national law applied by the United States Patent and Trademark Office (USPTO) as receiving Office. Thus, the USPTO has made a notification of incompatibility with respect to these rules pursuant to PCT Rules 20.1(d), 26.3ter(b) and 26.3ter(d). As a result, PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) shall not apply to the USPTO as receiving Office for as long as the aforementioned incompatibility exists.
National Stage Entry
PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k) shall not apply to the USPTO as designated Office for as long as the aforementioned incompatibility exists.
Patent Cooperation Treaty
PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k) shall not apply to the USPTO as designated Office for as long as the aforementioned incompatibility exists.
Citations
| Primary topic | Citation |
|---|---|
| Access to National Stage Applications Access to Published Application File Access to Published PCT Applications Article 19 Amendment Scope Effect of International Filing | 35 U.S.C. § 122(b) |
| Access to National Stage Applications Access to Published Application File Access to Published PCT Applications Article 19 Amendment Scope Effect of International Filing | 35 U.S.C. § 122(b)(2) |
| International Filing Date Nationals and Residents Receiving Office (RO/US) | 35 U.S.C. § 361(c) |
| National Stage Entry Patent Cooperation Treaty | 35 U.S.C. § 371(c)(2) |
| International Filing Date Nationals and Residents Receiving Office (RO/US) | PCT Rules 20.1(c) |
| National Stage Entry Patent Cooperation Treaty | PCT Rules 49.5 |
| Access to National Stage Applications Access to Published Application File Access to Published PCT Applications Article 19 Amendment Scope Demand for Preliminary Examination Effect of International Filing | PCT Article 64(3) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1803 — Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America
Source: USPTO1803 Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America [R-07.2022]
The United States of America had originally declared that it was not bound by Chapter II (PCT Article 64(1)), but withdrew that reservation on July 1, 1987.
It has also declared that, as far as the United States of America is concerned, international publication is not required (PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent. This reservation is still in effect.
The U.S. Receiving Office continues to accept applications only in English. See 35 U.S.C. 361(c). PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) permit an international filing date to be accorded even though portions of an international application are in a language not acceptable to the Receiving Office. PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible with the national law applied by the United States Patent and Trademark Office (USPTO) as receiving Office. Thus, the USPTO has made a notification of incompatibility with respect to these rules pursuant to PCT Rules 20.1(d), 26.3ter(b) and 26.3ter(d). As a result, PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) shall not apply to the USPTO as receiving Office for as long as the aforementioned incompatibility exists.
PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k) shall not apply to the USPTO as designated Office for as long as the aforementioned incompatibility exists.
For complete PCT reservations, declarations, notifications and incompatibilities, please see the International Bureau’s notice published on the WIPO website at: www.wipo.int/pct/en/texts/reservations/ res_incomp.html.