MPEP § 1821 — The Request (Annotated Rules)

§1821 The Request

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1821, 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.

The Request

This section addresses The Request. Primary authority: 37 CFR 1.434 and 37 CFR 1.432. Contains: 9 requirements, 3 prohibitions, 1 guidance statement, 2 permissions, and 10 other statements.

Key Rules

Topic

Request Content and Form

20 rules
StatutoryRequiredAlways
[mpep-1821-0e3d2836d2ccca6396612e1c]
Request Must Be on Standardized Form
Note:
The request for a patent must be submitted using the standardized form provided by the United States Patent and Trademark Office.

(a) The request shall be made on a standardized form (PCT Rules 3 and 4). Copies of printed Request forms are available from the United States Patent and Trademark Office. Letters requesting printed forms should be marked “Mail Stop PCT.”

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1821-6f1853860e3656376d6ecfec]
Request Forms Must Be Printed
Note:
The request for a patent must be made on a standardized printed form provided by the United States Patent and Trademark Office.

(a) The request shall be made on a standardized form (PCT Rules 3 and 4). Copies of printed Request forms are available from the United States Patent and Trademark Office. Letters requesting printed forms should be marked “Mail Stop PCT.”

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryRecommendedAlways
[mpep-1821-06bbc401c6e62221ffe20643]
Documents Accompanying International Application Must Be Listed
Note:
The Check List portion of the Request form must indicate each document that accompanies the international application upon filing.

(b) The Check List portion of the Request form should indicate each document accompanying the international application on filing.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryRequiredAlways
[mpep-1821-b2de4681fe0f2e433310c31e]
Information Required in Request
Note:
All necessary details such as addresses, state names, and dates must be included in the PCT request as per PCT Rule 4 and Administrative Instructions 110 and 201.

(c) All information, for example, addresses, names of States and dates, shall be indicated in the Request as required by PCT Rule 4 and Administrative Instructions 110 and 201.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryPermittedAlways
[mpep-1821-9a5c74db2d7dbe5ff0e03d75]
Declaration of Inventors Required in Request
Note:
An international application must include a declaration of the inventors as specified by PCT Rule 4.17(iv) in the request.

(e) An international application may also include in the Request a declaration of the inventors as provided for in PCT Rule 4.17(iv).

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryRequiredAlways
[mpep-1821-29d2af191d28e1dddd81e80b]
Request Must Be On Standardized Form Or Computer Printout
Note:
The request for a PCT application must be submitted either on the standardized form PCT/RO/101 or as a computer printout that complies with the PCT Administrative Instructions.

The Request must either be made on a standardized form PCT/RO/101 to be filled in with the required indications or be presented as a computer printout complying with the PCT Administrative Instructions. The Request form PCT/RO/101 may be downloaded for free from WIPO’s website (www.wipo.int/pct/en/forms/). Applicants may also obtain an English language Request form free of charge from the United States Patent and Trademark Office using the following address: Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryPermittedAlways
[mpep-1821-0e75040223fdf5ee175c8496]
PCT Request Form Must Be Downloaded Free From WIPO Website
Note:
Applicants must obtain the PCT request form from WIPO’s website for free to submit their international patent application.

The Request must either be made on a standardized form PCT/RO/101 to be filled in with the required indications or be presented as a computer printout complying with the PCT Administrative Instructions. The Request form PCT/RO/101 may be downloaded for free from WIPO’s website (www.wipo.int/pct/en/forms/). Applicants may also obtain an English language Request form free of charge from the United States Patent and Trademark Office using the following address: Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryPermittedAlways
[mpep-1821-70808f421e924d691b802d73]
English Request Form Available Free from USPTO
Note:
Applicants can obtain an English language Request form for the PCT free of charge from the United States Patent and Trademark Office.

The Request must either be made on a standardized form PCT/RO/101 to be filled in with the required indications or be presented as a computer printout complying with the PCT Administrative Instructions. The Request form PCT/RO/101 may be downloaded for free from WIPO’s website (www.wipo.int/pct/en/forms/). Applicants may also obtain an English language Request form free of charge from the United States Patent and Trademark Office using the following address: Mail Stop PCT, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryPermittedAlways
[mpep-1821-bfe95e8928125ac60503143d]
Alternative Request Form Using ePCT
Note:
Applicants can use WIPO’s ePCT system to generate a computer printout of the Request complying with PCT Administrative Instructions as an alternative to the standardized form PCT/RO/101.

As an alternative to using the standardized Request form PCT/RO/101, applicants may use WIPO’s ePCT system to generate a computer printout of the Request complying with the PCT Administrative Instructions. ePCT incorporates and expands the functionality of WIPO’s prior PCT-SAFE software. As of July 1, 2022, WIPO no longer develops, distributes, or supports PCT-SAFE. ePCT is a web-based application that does not require installation and subsequent periodic updates of any software on the user's computer. The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format. Submission of the ePCT zip file with an international application filed electronically (i.e., via the USPTO patent electronic filing system) entitles the applicant to a reduction of the international filing fee. For information on ePCT, see https://pct.wipo.int/ePCT.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryProhibitedAlways
[mpep-1821-39d0d5575994eb38d5bf9a32]
Request Must Conform to PCT Rules
Note:
The request must adhere strictly to the specifications outlined in PCT Rules 4.1 to 4.17 and any additional material permitted under PCT Rule 4.18(a) by the Administrative Instructions.

The Request may not contain any matter that is not specified in PCT Rules 4.1 to 4.17 or permitted under PCT Rule 4.18(a) by the Administrative Instructions. Any additional material will be deleted ex officio. See PCT Rule 4.18(b) and Administrative Instructions Section 303.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1821-f6a79306c3f3e122ace6e257]
Additional Material Must Be Deleted Ex Officio
Note:
Any content not specified in PCT Rules 4.1 to 4.17 or permitted under PCT Rule 4.18(a) must be deleted by the Office.

The Request may not contain any matter that is not specified in PCT Rules 4.1 to 4.17 or permitted under PCT Rule 4.18(a) by the Administrative Instructions. Any additional material will be deleted ex officio. See PCT Rule 4.18(b) and Administrative Instructions Section 303.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryRecommendedAlways
[mpep-1821-7d2b51e84e878681f72137a6]
Request Date Must Be Repeated With Numerals
Note:
The date in the request must be repeated with two-digit numerals for day, month, and year separated by periods, slashes, or hyphens.

Each date appearing in the international application or in any correspondence must be indicated by the Arabic number of the day, the name of the month and the Arabic number of the year, in that order. In the request, after, below or above that indication, the date should be repeated in parentheses with a two-digit Arabic numeral each for the number of the day and for the number of the month and followed by the number of the year in four digits, in that order and separated by periods, slashes or hyphens after the digit pairs of the day and of the month, for example, "20 March 2020 (20.03.2020)," "20 March 2020 (20/03/2020)," or "20 March 2020 (20-03-2020)." See Administrative Instructions Section 110.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1821-b7e0799f223effbd5576e3b7]
Dates Must Be Indicated Properly In Requests
Note:
All dates in international applications and corresponding documents must be written with the day, month, and year in Arabic numerals, followed by a specific format for repetition.

Each date appearing in the international application or in any correspondence must be indicated by the Arabic number of the day, the name of the month and the Arabic number of the year, in that order. In the request, after, below or above that indication, the date should be repeated in parentheses with a two-digit Arabic numeral each for the number of the day and for the number of the month and followed by the number of the year in four digits, in that order and separated by periods, slashes or hyphens after the digit pairs of the day and of the month, for example, "20 March 2020 (20.03.2020)," "20 March 2020 (20/03/2020)," or "20 March 2020 (20-03-2020)." See Administrative Instructions Section 110.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryProhibitedAlways
[mpep-1821-1d86423a30b2ea053ab24b5b]
Material Exceeding Space Limits Must Be Continued
Note:
Any material that cannot fit in previous boxes due to space limitations must be placed in a continuation box and clearly labeled with the original box number.

This box is used for any material which cannot be placed in one of the previous boxes because of space limitations. The supplemental information placed in this box should be clearly entitled with the Box number from which it is continued, e.g., “Continuation of Box No. IV.” For indicating the international application as a continuation or continuation-in-part of an earlier application, see MPEP § 1828.02.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPriority Claim in PCT
StatutoryRecommendedAlways
[mpep-1821-ee5e16e97bc420a285a90cf3]
Supplemental Material for Space Limitations
Note:
This box is used for additional material that cannot fit in previous boxes due to space constraints.

This box is used for any material which cannot be placed in one of the previous boxes because of space limitations. The supplemental information placed in this box should be clearly entitled with the Box number from which it is continued, e.g., “Continuation of Box No. IV.” For indicating the international application as a continuation or continuation-in-part of an earlier application, see MPEP § 1828.02.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPriority Claim in PCT
StatutoryRequiredAlways
[mpep-1821-39553665b635d80424e76508]
Request Must Contain Precise Invention Title
Note:
The title of the invention in the Request must be short (2 to 7 words) and precise, consistent with the title on the first page of the description and abstract.

The Request must contain the title of the invention; the title must be short (preferably 2 to 7 words) and precise (PCT Rule 4.3). The title in Box No. I of the Request is considered to be the title of the application. The title appearing on the first page of the description (PCT Rule 5.1(a)) and on the page containing the abstract should be consistent with the title indicated in Box No. I of the Request form.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1821-66f6320de9f770de899b880c]
Title of Application Must Match Request
Note:
The title in Box No. I of the Request is considered to be the title of the application and must be consistent with the title on the first page of the description and the abstract.

The Request must contain the title of the invention; the title must be short (preferably 2 to 7 words) and precise (PCT Rule 4.3). The title in Box No. I of the Request is considered to be the title of the application. The title appearing on the first page of the description (PCT Rule 5.1(a)) and on the page containing the abstract should be consistent with the title indicated in Box No. I of the Request form.

Jump to MPEP Source · 37 CFR 1.434Request Content and FormPCT Request FormPCT Abstract Requirements
StatutoryRequiredAlways
[mpep-1821-fc943660a6fc1503060ae57c]
Designation of Contracting States for International Filing
Note:
The filing of a request designates all Contracting States bound by the Treaty and indicates the types of protection sought in each designated State.
(a) The filing of a request shall constitute:
  • (i) the designation of all Contracting States that are bound by the Treaty on the international filing date;
  • (ii) an indication that the international application is, in respect of each designated State to which Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State:
  • (iii) an indication that the international application is, in respect of each designated State to which Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent.
Jump to MPEP SourceRequest Content and FormPCT International Application FilingPCT Request Form
StatutoryRequiredAlways
[mpep-1821-c7ca96298de66d1a8299fc2c]
Designation of Contracting States for International Application
Note:
The filing of an international application must designate all Contracting States, indicate the types of protection sought, and specify whether a regional or national patent is desired.
The filing of an international application request shall constitute:
  • (a) The designation of all Contracting States that are bound by the Treaty on the international filing date;
  • (b) An indication that the international application is, in respect of each designated State to which PCT Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State; and
  • (c) An indication that the international application is, in respect of each designated State to which PCT Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent.
Jump to MPEP Source · 37 CFR 1.432Request Content and FormPCT International Application FilingPCT Request Form
StatutoryPermittedAlways
[mpep-1821-7c951fe4a39d86c5c8c46e9a]
Request Can Exclude Germany, Japan, Korea Designations
Note:
The request may exclude designations for Germany (DE), Japan (JP), and the Republic of Korea (KR) under certain circumstances.

Pursuant to PCT Rule 4.9(b), certain States may be excepted from the all-inclusive designation system under limited circumstances. Specifically, where the international application contains a priority claim to an earlier national application having effect in a State whose national law provides that the designation of such State has the result that the earlier national application ceases to have effect in such State, then the request may contain an indication that such State is not designated. Applicability of PCT Rule 4.9(b) is contingent upon timely notice by the affected Office to the International Bureau. The Request may exclude the following designations: Germany (DE), Japan (JP), and Republic of Korea (KR). See Reservations, Declarations, Notifications and Incompatibilities at www.wipo.int/pct/en/texts/ reservations/res_incomp.html.

Jump to MPEP Source · 37 CFR 1.432Request Content and FormPCT Request FormPCT International Application Filing
Topic

Patent Cooperation Treaty

7 rules
StatutoryRecommendedAlways
[mpep-1821-348882ddd615f680595efd1f]
Letters Requesting Printed Forms Must Be Marked Mail Stop PCT
Note:
Letters requesting printed forms must be marked 'Mail Stop PCT' to comply with the requirement.

(a) The request shall be made on a standardized form (PCT Rules 3 and 4). Copies of printed Request forms are available from the United States Patent and Trademark Office. Letters requesting printed forms should be marked “Mail Stop PCT.”

Jump to MPEP Source · 37 CFR 1.434Patent Cooperation TreatyRequest Content and FormPCT Request Form
StatutoryInformativeAlways
[mpep-1821-869411a49369cea9ee2b78e0]
ePCT Replaces PCT-SAFE for Request Generation
Note:
The ePCT system replaces the PCT-SAFE software for generating Requests complying with PCT Administrative Instructions, effective July 1, 2022.

As an alternative to using the standardized Request form PCT/RO/101, applicants may use WIPO’s ePCT system to generate a computer printout of the Request complying with the PCT Administrative Instructions. ePCT incorporates and expands the functionality of WIPO’s prior PCT-SAFE software. As of July 1, 2022, WIPO no longer develops, distributes, or supports PCT-SAFE. ePCT is a web-based application that does not require installation and subsequent periodic updates of any software on the user's computer. The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format. Submission of the ePCT zip file with an international application filed electronically (i.e., via the USPTO patent electronic filing system) entitles the applicant to a reduction of the international filing fee. For information on ePCT, see https://pct.wipo.int/ePCT.

Jump to MPEP Source · 37 CFR 1.434Patent Cooperation TreatyReceiving Office (RO/US)Request Content and Form
StatutoryInformativeAlways
[mpep-1821-8459af6f8bf6e8fbb6862c24]
PCT-SAFE No Longer Supported
Note:
WIPO no longer develops, distributes, or supports PCT-SAFE as of July 1, 2022.

As an alternative to using the standardized Request form PCT/RO/101, applicants may use WIPO’s ePCT system to generate a computer printout of the Request complying with the PCT Administrative Instructions. ePCT incorporates and expands the functionality of WIPO’s prior PCT-SAFE software. As of July 1, 2022, WIPO no longer develops, distributes, or supports PCT-SAFE. ePCT is a web-based application that does not require installation and subsequent periodic updates of any software on the user's computer. The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format. Submission of the ePCT zip file with an international application filed electronically (i.e., via the USPTO patent electronic filing system) entitles the applicant to a reduction of the international filing fee. For information on ePCT, see https://pct.wipo.int/ePCT.

Jump to MPEP Source · 37 CFR 1.434Patent Cooperation TreatyReceiving Office (RO/US)Request Content and Form
StatutoryInformativeAlways
[mpep-1821-9f00e59e653381d4c68c5a36]
ePCT System for PCT Request
Note:
Applicants may use the ePCT system to generate a compliant Request for filing an international application under the Patent Cooperation Treaty.

As an alternative to using the standardized Request form PCT/RO/101, applicants may use WIPO’s ePCT system to generate a computer printout of the Request complying with the PCT Administrative Instructions. ePCT incorporates and expands the functionality of WIPO’s prior PCT-SAFE software. As of July 1, 2022, WIPO no longer develops, distributes, or supports PCT-SAFE. ePCT is a web-based application that does not require installation and subsequent periodic updates of any software on the user's computer. The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format. Submission of the ePCT zip file with an international application filed electronically (i.e., via the USPTO patent electronic filing system) entitles the applicant to a reduction of the international filing fee. For information on ePCT, see https://pct.wipo.int/ePCT.

Jump to MPEP Source · 37 CFR 1.434Patent Cooperation TreatyReceiving Office (RO/US)Request Content and Form
StatutoryInformativeAlways
[mpep-1821-7220e19892ce2ab7813759e0]
Request Must Conform to PCT Rules
Note:
The request must adhere strictly to the specified PCT rules and any additional material will be deleted.

The Request may not contain any matter that is not specified in PCT Rules 4.1 to 4.17 or permitted under PCT Rule 4.18(a) by the Administrative Instructions. Any additional material will be deleted ex officio. See PCT Rule 4.18(b) and Administrative Instructions Section 303.

Jump to MPEP Source · 37 CFR 1.434Patent Cooperation TreatyRequest Content and FormPCT Request Form
StatutoryRequiredAlways
[mpep-1821-a663ffe118e9a2bec259d7db]
Date Must Be Indicated With Day, Month, Year
Note:
Each date in the international application or correspondence must be written as the Arabic number of the day, followed by the name of the month and then the Arabic number of the year.

Each date appearing in the international application or in any correspondence must be indicated by the Arabic number of the day, the name of the month and the Arabic number of the year, in that order. In the request, after, below or above that indication, the date should be repeated in parentheses with a two-digit Arabic numeral each for the number of the day and for the number of the month and followed by the number of the year in four digits, in that order and separated by periods, slashes or hyphens after the digit pairs of the day and of the month, for example, "20 March 2020 (20.03.2020)," "20 March 2020 (20/03/2020)," or "20 March 2020 (20-03-2020)." See Administrative Instructions Section 110.

Jump to MPEP Source · 37 CFR 1.434Patent Cooperation TreatyRequest Content and FormPCT Request Form
StatutoryInformativeAlways
[mpep-1821-f3bd9c98fd9c5ffa1a96fb6c]
Designations Can Exclude Certain States Under PCT Rule 4.9(b)
Note:
The request may exclude designations for Germany, Japan, and the Republic of Korea if their national laws cause earlier applications to cease having effect.

Pursuant to PCT Rule 4.9(b), certain States may be excepted from the all-inclusive designation system under limited circumstances. Specifically, where the international application contains a priority claim to an earlier national application having effect in a State whose national law provides that the designation of such State has the result that the earlier national application ceases to have effect in such State, then the request may contain an indication that such State is not designated. Applicability of PCT Rule 4.9(b) is contingent upon timely notice by the affected Office to the International Bureau. The Request may exclude the following designations: Germany (DE), Japan (JP), and Republic of Korea (KR). See Reservations, Declarations, Notifications and Incompatibilities at www.wipo.int/pct/en/texts/ reservations/res_incomp.html.

Jump to MPEP Source · 37 CFR 1.432Patent Cooperation TreatyPCT International Application FilingArticle 19 Amendment Scope
Topic

Receiving Office (RO/US)

6 rules
StatutoryInformativeAlways
[mpep-1821-cf5f1f78f01d6f8d6fe4ea03]
ePCT Is Required for PCT Filing
Note:
Applicants must use the ePCT system to generate a Request complying with PCT Administrative Instructions, which does not require installation or periodic updates on the user's computer.

As an alternative to using the standardized Request form PCT/RO/101, applicants may use WIPO’s ePCT system to generate a computer printout of the Request complying with the PCT Administrative Instructions. ePCT incorporates and expands the functionality of WIPO’s prior PCT-SAFE software. As of July 1, 2022, WIPO no longer develops, distributes, or supports PCT-SAFE. ePCT is a web-based application that does not require installation and subsequent periodic updates of any software on the user's computer. The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format. Submission of the ePCT zip file with an international application filed electronically (i.e., via the USPTO patent electronic filing system) entitles the applicant to a reduction of the international filing fee. For information on ePCT, see https://pct.wipo.int/ePCT.

Jump to MPEP Source · 37 CFR 1.434Receiving Office (RO/US)Request Content and FormSignature Requirements
StatutoryInformativeAlways
[mpep-1821-ba5bcd0e55f8e7798ca03fbd]
ePCT System Generates Request Zip File
Note:
The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format.

As an alternative to using the standardized Request form PCT/RO/101, applicants may use WIPO’s ePCT system to generate a computer printout of the Request complying with the PCT Administrative Instructions. ePCT incorporates and expands the functionality of WIPO’s prior PCT-SAFE software. As of July 1, 2022, WIPO no longer develops, distributes, or supports PCT-SAFE. ePCT is a web-based application that does not require installation and subsequent periodic updates of any software on the user's computer. The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format. Submission of the ePCT zip file with an international application filed electronically (i.e., via the USPTO patent electronic filing system) entitles the applicant to a reduction of the international filing fee. For information on ePCT, see https://pct.wipo.int/ePCT.

Jump to MPEP Source · 37 CFR 1.434Receiving Office (RO/US)Request Content and FormPCT Request Form
StatutoryInformativeAlways
[mpep-1821-130733e9290bf96cc34071a1]
ePCT Zip File Entitles Fee Reduction
Note:
Submitting an ePCT zip file with an international application filed electronically qualifies the applicant for a reduced filing fee.

As an alternative to using the standardized Request form PCT/RO/101, applicants may use WIPO’s ePCT system to generate a computer printout of the Request complying with the PCT Administrative Instructions. ePCT incorporates and expands the functionality of WIPO’s prior PCT-SAFE software. As of July 1, 2022, WIPO no longer develops, distributes, or supports PCT-SAFE. ePCT is a web-based application that does not require installation and subsequent periodic updates of any software on the user's computer. The ePCT system validates user-entered data and creates a zip file containing the Request and fee calculation sheet in PDF format. Submission of the ePCT zip file with an international application filed electronically (i.e., via the USPTO patent electronic filing system) entitles the applicant to a reduction of the international filing fee. For information on ePCT, see https://pct.wipo.int/ePCT.

Jump to MPEP Source · 37 CFR 1.434Receiving Office (RO/US)Signature RequirementsFiling, Search & Examination Fees
StatutoryPermittedAlways
[mpep-1821-9ba33c67d29fdabc0ca3bee7]
File Reference for International Application
Note:
The applicant or agent must include a file reference in various parts of the international application and corresponding communications.

The applicant or the applicant’s agent may indicate a file reference in the box provided for this purpose on the first sheet of the Request form, on each page of the other elements of the international application, on the first sheet of the demand form, and in any other correspondence relating to the international application. PCT Rule 11.6(f) indicates that the file reference may be included in the top margin of the sheets of the international application. As provided in Administrative Instructions Section 109, the file reference may be composed either of letters of the Latin alphabet or Arabic numerals, or both. It may not exceed 25 characters including spaces. If the file reference exceeds 25 characters, the receiving Office may ex officio truncate the reference number to 25 characters and notify the applicant. The receiving Office, the International Bureau, the International Searching Authority and the International Preliminary Examining Authority (International Authorities) will use the file reference in correspondence with the applicant.

Jump to MPEP Source · 37 CFR 1.434Receiving Office (RO/US)Article 34 AmendmentsDemand for Preliminary Examination
StatutoryProhibitedAlways
[mpep-1821-4e291ca5a8cca0444a659998]
File Reference for International Application Sheets
Note:
The file reference must be included in the top margin of each sheet and may consist of up to 25 characters, including spaces.

The applicant or the applicant’s agent may indicate a file reference in the box provided for this purpose on the first sheet of the Request form, on each page of the other elements of the international application, on the first sheet of the demand form, and in any other correspondence relating to the international application. PCT Rule 11.6(f) indicates that the file reference may be included in the top margin of the sheets of the international application. As provided in Administrative Instructions Section 109, the file reference may be composed either of letters of the Latin alphabet or Arabic numerals, or both. It may not exceed 25 characters including spaces. If the file reference exceeds 25 characters, the receiving Office may ex officio truncate the reference number to 25 characters and notify the applicant. The receiving Office, the International Bureau, the International Searching Authority and the International Preliminary Examining Authority (International Authorities) will use the file reference in correspondence with the applicant.

Jump to MPEP Source · 37 CFR 1.434Receiving Office (RO/US)PCT International Application FilingPatent Cooperation Treaty
StatutoryPermittedAlways
[mpep-1821-5964b0ff9cefff8f60e9de49]
File Reference Must Not Exceed 25 Characters
Note:
The receiving Office may truncate the file reference to 25 characters if it exceeds this limit and notify the applicant.

The applicant or the applicant’s agent may indicate a file reference in the box provided for this purpose on the first sheet of the Request form, on each page of the other elements of the international application, on the first sheet of the demand form, and in any other correspondence relating to the international application. PCT Rule 11.6(f) indicates that the file reference may be included in the top margin of the sheets of the international application. As provided in Administrative Instructions Section 109, the file reference may be composed either of letters of the Latin alphabet or Arabic numerals, or both. It may not exceed 25 characters including spaces. If the file reference exceeds 25 characters, the receiving Office may ex officio truncate the reference number to 25 characters and notify the applicant. The receiving Office, the International Bureau, the International Searching Authority and the International Preliminary Examining Authority (International Authorities) will use the file reference in correspondence with the applicant.

Jump to MPEP Source · 37 CFR 1.434Receiving Office (RO/US)Signature RequirementsPCT International Application Filing
Topic

Article 19 Amendment Scope

4 rules
StatutoryInformativeAlways
[mpep-1821-d491f109baca7f8c97d9c84e]
File Reference for Correspondence with Applicant
Note:
The International Authorities will use the file reference indicated by the applicant in all correspondence.

The applicant or the applicant’s agent may indicate a file reference in the box provided for this purpose on the first sheet of the Request form, on each page of the other elements of the international application, on the first sheet of the demand form, and in any other correspondence relating to the international application. PCT Rule 11.6(f) indicates that the file reference may be included in the top margin of the sheets of the international application. As provided in Administrative Instructions Section 109, the file reference may be composed either of letters of the Latin alphabet or Arabic numerals, or both. It may not exceed 25 characters including spaces. If the file reference exceeds 25 characters, the receiving Office may ex officio truncate the reference number to 25 characters and notify the applicant. The receiving Office, the International Bureau, the International Searching Authority and the International Preliminary Examining Authority (International Authorities) will use the file reference in correspondence with the applicant.

Jump to MPEP Source · 37 CFR 1.434Article 19 Amendment ScopeReceiving Office (RO/US)International Preliminary Examining Authority (IPEA)
StatutoryRequiredAlways
[mpep-1821-6ee3cc5bb0dbd02b3b214a30]
Notification Required for Designation Cancellation
Note:
Contracting States must notify the International Bureau by January 5, 2006, if they allow filing an international application to cancel an earlier national application's priority.

(b) Notwithstanding paragraph (a)(i), if, on October 5, 2005, the national law of a Contracting State provides that the filing of an international application which contains the designation of that State and claims the priority of an earlier national application having effect in that State shall have the result that the earlier national application ceases to have effect with the same consequences as the withdrawal of the earlier national application, any request in which the priority of an earlier national application filed in that State is claimed may contain an indication that the designation of that State is not made, provided that the designated Office notifies the International Bureau by January 5, 2006, that this paragraph shall apply in respect of designations of that State and that the notification is still in force on the international filing date. The information received shall be promptly published by the International Bureau in the Gazette.

Jump to MPEP SourceArticle 19 Amendment ScopeInternational Filing DateEffect of International Filing
StatutoryRequiredAlways
[mpep-1821-05f2378ba402cd596a5daa53]
Information Received Must Be Promptly Published
Note:
The International Bureau must promptly publish any information received in the Gazette.

(b) Notwithstanding paragraph (a)(i), if, on October 5, 2005, the national law of a Contracting State provides that the filing of an international application which contains the designation of that State and claims the priority of an earlier national application having effect in that State shall have the result that the earlier national application ceases to have effect with the same consequences as the withdrawal of the earlier national application, any request in which the priority of an earlier national application filed in that State is claimed may contain an indication that the designation of that State is not made, provided that the designated Office notifies the International Bureau by January 5, 2006, that this paragraph shall apply in respect of designations of that State and that the notification is still in force on the international filing date. The information received shall be promptly published by the International Bureau in the Gazette.

Jump to MPEP SourceArticle 19 Amendment ScopePCT Article 19 AmendmentsInternational Filing Date
StatutoryInformativeAlways
[mpep-1821-8e084324a1d3b94b0a902d93]
Timely Notice Required for PCT Rule Application
Note:
PCT Rule 4.9(b) applies when the affected Office timely notifies the International Bureau of a priority claim exception.

Pursuant to PCT Rule 4.9(b), certain States may be excepted from the all-inclusive designation system under limited circumstances. Specifically, where the international application contains a priority claim to an earlier national application having effect in a State whose national law provides that the designation of such State has the result that the earlier national application ceases to have effect in such State, then the request may contain an indication that such State is not designated. Applicability of PCT Rule 4.9(b) is contingent upon timely notice by the affected Office to the International Bureau. The Request may exclude the following designations: Germany (DE), Japan (JP), and Republic of Korea (KR). See Reservations, Declarations, Notifications and Incompatibilities at www.wipo.int/pct/en/texts/ reservations/res_incomp.html.

Jump to MPEP Source · 37 CFR 1.432Article 19 Amendment ScopePCT Article 19 AmendmentsPatent Cooperation Treaty
Topic

Effect of International Filing

3 rules
StatutoryRequiredAlways
[mpep-1821-be3b99d3555dcc328f4fd3bd]
Inventor Name and Prior Application Reference Required for U.S. Designation
Note:
An international application designating the United States must include the inventor's name and a reference to any prior-filed national or international application if claiming its filing date.
(d) For the purposes of the designation of the United States of America, an international application shall include:
  • (1) The name of the inventor; and;
  • (2) A reference to any prior-filed national application or international application designating the United States of America, if the benefit of the filing date for the prior-filed application is to be claimed.
Jump to MPEP Source · 37 CFR 1.434Effect of International FilingNationals and ResidentsPCT International Application Filing
StatutoryRequiredAlways
[mpep-1821-6433f6da5b577541be2a155b]
Request Must Include Title, Applicant, Agent, and Designation
Note:
The request for international processing under PCT must include the title of the invention, identification of the applicant and agent (if applicable), and designation of at least one Contracting State.

The Request contains a petition for the international application to be processed according to the PCT and must also contain certain indications. It must contain the title of the invention. It must identify the applicant and the agent (if any), and must contain the designation of at least one Contracting State.

Jump to MPEP Source · 37 CFR 1.434Effect of International FilingRequest Content and FormSignature Requirements
StatutoryPermittedAlways
[mpep-1821-0507aeded0e06ec5eea992cb]
Designations Not Required for Certain States
Note:
The request may exclude designations for states where the earlier national application ceases to have effect due to national law.

Pursuant to PCT Rule 4.9(b), certain States may be excepted from the all-inclusive designation system under limited circumstances. Specifically, where the international application contains a priority claim to an earlier national application having effect in a State whose national law provides that the designation of such State has the result that the earlier national application ceases to have effect in such State, then the request may contain an indication that such State is not designated. Applicability of PCT Rule 4.9(b) is contingent upon timely notice by the affected Office to the International Bureau. The Request may exclude the following designations: Germany (DE), Japan (JP), and Republic of Korea (KR). See Reservations, Declarations, Notifications and Incompatibilities at www.wipo.int/pct/en/texts/ reservations/res_incomp.html.

Jump to MPEP Source · 37 CFR 1.432Effect of International FilingNationals and ResidentsReceiving Office (RO/US)
Topic

International Filing Date

2 rules
StatutoryInformativeAlways
[mpep-1821-92271718cafa5fba068d2277]
Reference to Prior Filed Application Required for Benefit Claim
Note:
An international application must include a reference to any prior-filed national or international application designating the U.S. if claiming the benefit of its filing date.

(d) For the purposes of the designation of the United States of America, an international application shall include:

(2) A reference to any prior-filed national application or international application designating the United States of America, if the benefit of the filing date for the prior-filed application is to be claimed.

Jump to MPEP Source · 37 CFR 1.434International Filing DateEffect of International FilingNationals and Residents
StatutoryInformativeAlways
[mpep-1821-21357d2d138debecf48c37c9]
International Application Designates Contracting States for Protection
Note:
The filing of an international application designates all Contracting States bound by the Treaty and indicates the types of protection sought in each designated State.

The filing of an international application request constitutes: (A) the designation of all Contracting States that are bound by the Treaty on the international filing date; (B) an indication that the international application is, in respect of each designated State to which PCT Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State; and (C) an indication that the international application is, in respect of each designated State to which PCT Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent. See 37 CFR 1.432 and PCT Rule 4.9.

Jump to MPEP Source · 37 CFR 1.432International Filing DateEffect of International FilingNationals and Residents
Topic

Nationals and Residents

2 rules
StatutoryInformativeAlways
[mpep-1821-e5306ced6930a59195afafbc]
Request Constitutes Indication for Regional and National Patents
Note:
The filing of a request indicates that the international application should be granted as both a regional patent in designated States and, unless PCT Article 45(2) applies, a national patent.

(a) The filing of a request shall constitute:

(iii) an indication that the international application is, in respect of each designated State to which Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent.

Jump to MPEP SourceNationals and ResidentsReceiving Office (RO/US)PCT International Application Filing
StatutoryInformativeAlways
[mpep-1821-95c889fc074a957db7025822]
International Application for Regional and National Patents
Note:
An international application request indicates that patents will be granted in designated states as regional patents, unless national patents are excluded.

The filing of an international application request shall constitute:

(c) An indication that the international application is, in respect of each designated State to which PCT Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent.

Jump to MPEP Source · 37 CFR 1.432Nationals and ResidentsReceiving Office (RO/US)PCT International Application Filing
Topic

Foreign Filing License – General

1 rules
StatutoryRecommendedAlways
[mpep-1821-f9b03450a9320e0608e249fb]
Foreign Filing License Required for US Inventions Using ePCT System
Note:
Applicants must obtain a foreign filing license when using WIPO’s ePCT system for inventions made in the United States.

For inventions made in the United States, applicants should be mindful of certain foreign filing restrictions and the potential need to obtain a foreign filing license when using WIPO’s ePCT system. See MPEP § 1832 and Facilitating the Use of the World Intellectual Property Organization’s ePCT System To Prepare International Applications for Filing With the United States Receiving Office, 85 Fed. Reg. 61604 (Sept. 30, 2020).

Jump to MPEP Source · 37 CFR 1.434Foreign Filing License – GeneralForeign Filing Licenses
Topic

Priority Claim in PCT

1 rules
StatutoryInformativeAlways
[mpep-1821-baaf9ed73d86c43faf0a3eb2]
Continuation or Continuation-in-Part of Earlier Application
Note:
For indicating an international application as a continuation or continuation-in-part of an earlier application, refer to MPEP § 1828.02.

This box is used for any material which cannot be placed in one of the previous boxes because of space limitations. The supplemental information placed in this box should be clearly entitled with the Box number from which it is continued, e.g., “Continuation of Box No. IV.” For indicating the international application as a continuation or continuation-in-part of an earlier application, see MPEP § 1828.02.

Jump to MPEP Source · 37 CFR 1.434Priority Claim in PCTPatent Cooperation TreatyRequest Content and Form
Topic

PCT Abstract Requirements

1 rules
StatutoryRecommendedAlways
[mpep-1821-5f237393456ff5f5890f5a66]
Title Must Match Request Form
Note:
The title on the first page of the description and the abstract must match the title in Box No. I of the Request form.

The Request must contain the title of the invention; the title must be short (preferably 2 to 7 words) and precise (PCT Rule 4.3). The title in Box No. I of the Request is considered to be the title of the application. The title appearing on the first page of the description (PCT Rule 5.1(a)) and on the page containing the abstract should be consistent with the title indicated in Box No. I of the Request form.

Jump to MPEP Source · 37 CFR 1.434PCT Abstract RequirementsPCT Description RequirementsRequest Content and Form

Citations

Primary topicCitation
International Filing Date37 CFR § 1.432
MPEP § 1806
Priority Claim in PCT
Request Content and Form
MPEP § 1828.02
Foreign Filing License – GeneralMPEP § 1832
Article 19 Amendment Scope
Receiving Office (RO/US)
PCT Rule 11.6(f)
Patent Cooperation Treaty
Request Content and Form
PCT Rules 3
Article 19 Amendment Scope
Effect of International Filing
International Filing Date
PCT Abstract Requirements
Patent Cooperation Treaty
Request Content and Form
PCT Rule 4.9(b)
International Filing Date
Request Content and Form
PCT Article 43
International Filing Date
Nationals and Residents
Request Content and Form
PCT Article 45(2)
PCT Abstract Requirements
Request Content and Form
PCT Rule 5.1(a)

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.

BlueIron Last Updated: 2025-12-31