MPEP § 1864 — The Demand and Preparation for Filing of Demand (Annotated Rules)

§1864 The Demand and Preparation for Filing of Demand

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

This page consolidates and annotates all enforceable requirements under MPEP § 1864, 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 Demand and Preparation for Filing of Demand

This section addresses The Demand and Preparation for Filing of Demand. Primary authority: 37 CFR 1.482(a)(1), 37 CFR 1.482(b), and 37 CFR 1.480. Contains: 4 requirements, 2 guidance statements, and 2 other statements.

Key Rules

Topic

Article 34 Amendments

5 rules
StatutoryRequiredAlways
[mpep-1864-3fa07efe0467440f3827ad73]
Demand Must Be on Standardized PCT Form
Note:
The demand for international preliminary examination must be submitted using a standardized form provided by the United States Patent and Trademark Office.

(b) The Demand shall be made on a standardized form (PCT Rule 53). Copies of the printed Demand forms are available from the United States Patent and Trademark Office. Letters requesting printed Demand forms should be marked “Mail Stop PCT.”

Jump to MPEP Source · 37 CFR 1.480Article 34 AmendmentsDemand for Preliminary ExaminationRequest Content and Form
StatutoryInformativeAlways
[mpep-1864-3f805a56e2da9685e40cde83]
Demand Forms Required for International Preliminary Examination
Note:
The Demand for international preliminary examination must be made on a standardized form provided by the United States Patent and Trademark Office.

(b) The Demand shall be made on a standardized form (PCT Rule 53). Copies of the printed Demand forms are available from the United States Patent and Trademark Office. Letters requesting printed Demand forms should be marked “Mail Stop PCT.”

Jump to MPEP Source · 37 CFR 1.480Article 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examination (Chapter II)
StatutoryRecommendedAlways
[mpep-1864-f43a6cf9fdf64ad0ab1e58c4]
Demand Forms Must Be Marked Mail Stop PCT
Note:
Letters requesting printed Demand forms must be marked 'Mail Stop PCT' for the United States Patent and Trademark Office.

(b) The Demand shall be made on a standardized form (PCT Rule 53). Copies of the printed Demand forms are available from the United States Patent and Trademark Office. Letters requesting printed Demand forms should be marked “Mail Stop PCT.”

Jump to MPEP Source · 37 CFR 1.480Article 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examination (Chapter II)
StatutoryRequiredAlways
[mpep-1864-b2a4f836c1342e307ba5868c]
Demand After Time Limit Invalidates
Note:
A demand for international preliminary examination filed after the deadline is considered invalid and has no effect.

(e) Any Demand filed after the expiration of the applicable time limit set forth in PCT Rule 54bis.1(a) shall be considered as if it had not been submitted (PCT Rule 54 bis.1(b)).

Jump to MPEP Source · 37 CFR 1.480Article 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examination (Chapter II)
StatutoryRecommendedAlways
[mpep-1864-9bafe4327402b7bee1b0b97d]
Demand for International Preliminary Examination Must Be Filed on Specific Form
Note:
The demand for international preliminary examination must be filed using Form PCT/IPEA/401 along with a fee calculation sheet.

The demand should be filed on Form PCT/IPEA/401 along with the fee calculation sheet. The form is available free of charge on WIPO’s website at www.wipo.int/pct/en/forms/index.html.

Jump to MPEP Source · 37 CFR 1.480Article 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examining Authority (IPEA)
Topic

Receiving Office (RO/US)

2 rules
StatutoryInformativeAlways
[mpep-1864-adce52b34e0cadcf23dde3ff]
Demand for International Preliminary Examination After Filing PCT Application
Note:
Applicants must file a demand after submitting an international application under Chapter I of the PCT to request examination and potentially correct claims or descriptions.

Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty. The use of the term “Demand” distinguishes Chapter II from the “Request” under Chapter I. It is not possible to file a demand unless a proper Chapter I “Request” for an international application has been filed. Chapter I affords applicant the benefit of an international search, which includes an international search report and a written opinion established by the International Searching Authority. The filing of a demand affords applicant examination of the application and allows applicant to file amendments to the description, claims and drawings to correct any defects, respond to any observations, or address negative findings with respect to any of the claims because of a lack of novelty, inventive step (non-obviousness) or industrial applicability as described in PCT Article 33(2) – (4) mentioned in the written opinion (Form PCT/ISA/237) established by the International Searching Authority. Thus, examination enables applicant to attempt to obtain a positive international preliminary examination report, which in some elected Offices is used as a basis for the issuance of a patent or acceleration programs, e.g., Patent Prosecution Highway.

Jump to MPEP Source · 37 CFR 1.480Receiving Office (RO/US)Article 34 AmendmentsDemand for Preliminary Examination
StatutoryInformativeAlways
[mpep-1864-e092865e93dc480e4e7715fa]
Demand for International Preliminary Examination Requires Proper Request
Note:
An applicant must first file a proper Chapter I request before filing a demand for preliminary examination under Chapter II of the PCT.

Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty. The use of the term “Demand” distinguishes Chapter II from the “Request” under Chapter I. It is not possible to file a demand unless a proper Chapter I “Request” for an international application has been filed. Chapter I affords applicant the benefit of an international search, which includes an international search report and a written opinion established by the International Searching Authority. The filing of a demand affords applicant examination of the application and allows applicant to file amendments to the description, claims and drawings to correct any defects, respond to any observations, or address negative findings with respect to any of the claims because of a lack of novelty, inventive step (non-obviousness) or industrial applicability as described in PCT Article 33(2) – (4) mentioned in the written opinion (Form PCT/ISA/237) established by the International Searching Authority. Thus, examination enables applicant to attempt to obtain a positive international preliminary examination report, which in some elected Offices is used as a basis for the issuance of a patent or acceleration programs, e.g., Patent Prosecution Highway.

Jump to MPEP Source · 37 CFR 1.480Receiving Office (RO/US)Article 34 AmendmentsDemand for Preliminary Examination
Topic

Nationals and Residents

1 rules
StatutoryRequiredAlways
[mpep-1864-302c2d4949759d021b68647e]
Demand for International Preliminary Examination Required After Payment of Fees
Note:
A proper demand must be filed and fees paid before an international application undergoes a preliminary examination.

(a) On the filing of a proper Demand in an application for which the United States International Preliminary Examining Authority is competent and for which the fees have been paid, the international application shall be the subject of an international preliminary examination. The preliminary examination fee (§ 1.482(a)(1)) and the handling fee (§ 1.482(b)) shall be due within the applicable time limit set forth in PCT Rule 57.3.

Jump to MPEP Source · 37 CFR 1.482(a)(1)Nationals and ResidentsArticle 34 AmendmentsDemand for Preliminary Examination
Topic

National Stage Fees

1 rules
StatutoryRequiredAlways
[mpep-1864-78a38838c84dcdd82441c028]
Preliminary Examination and Handling Fees Due Within Time Limit
Note:
The preliminary examination fee and handling fee must be paid within the time limit set by PCT Rule 57.3.

(a) On the filing of a proper Demand in an application for which the United States International Preliminary Examining Authority is competent and for which the fees have been paid, the international application shall be the subject of an international preliminary examination. The preliminary examination fee (§ 1.482(a)(1)) and the handling fee (§ 1.482(b)) shall be due within the applicable time limit set forth in PCT Rule 57.3.

Jump to MPEP Source · 37 CFR 1.482(a)(1)National Stage FeesArticle 34 AmendmentsFiling, Search & Examination Fees
Topic

Filing, Search & Examination Fees

1 rules
StatutoryInformativeAlways
[mpep-1864-19db06c03f1d3d3cea4e778e]
Refund for Withdrawal Before Exam
Note:
Applicants are entitled to a refund of the preliminary examination fee minus transmittal costs if they withdraw their demand before the exam starts.

(c) Withdrawal of a proper Demand prior to the start of the international preliminary examination will entitle applicant to a refund of the preliminary examination fee minus the amount of the transmittal fee set forth in § 1.445(a)(1).

Jump to MPEP Source · 37 CFR 1.445(a)(1)Filing, Search & Examination FeesFee Requirements
Topic

International Filing Date

1 rules
StatutoryRequiredAlways
[mpep-1864-acff1d43b49633cfcd1d2846]
Demand for International Preliminary Examination Constitutes Election of Contracting States
Note:
The filing of a Demand for international preliminary examination constitutes the election of all designated Contracting States bound by Chapter II of the Treaty on the international filing date.

(d) The filing of a Demand shall constitute the election of all Contracting States which are designated and are bound by Chapter II of the Treaty on the international filing date (PCT Rule 53.7).

Jump to MPEP Source · 37 CFR 1.480International Filing DateArticle 34 AmendmentsDemand for Preliminary Examination
Topic

Article 19 Amendment Timing

1 rules
StatutoryInformativeAlways
[mpep-1864-dd4f2a985241a608990eacc0]
International Search Report and Written Opinion Required for Demand
Note:
Applicant must receive an international search report and written opinion from the International Searching Authority before filing a demand for preliminary examination under Chapter II of the PCT.

Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty. The use of the term “Demand” distinguishes Chapter II from the “Request” under Chapter I. It is not possible to file a demand unless a proper Chapter I “Request” for an international application has been filed. Chapter I affords applicant the benefit of an international search, which includes an international search report and a written opinion established by the International Searching Authority. The filing of a demand affords applicant examination of the application and allows applicant to file amendments to the description, claims and drawings to correct any defects, respond to any observations, or address negative findings with respect to any of the claims because of a lack of novelty, inventive step (non-obviousness) or industrial applicability as described in PCT Article 33(2) – (4) mentioned in the written opinion (Form PCT/ISA/237) established by the International Searching Authority. Thus, examination enables applicant to attempt to obtain a positive international preliminary examination report, which in some elected Offices is used as a basis for the issuance of a patent or acceleration programs, e.g., Patent Prosecution Highway.

Jump to MPEP Source · 37 CFR 1.480Article 19 Amendment TimingInternational Searching Authority (ISA)International Search Report
Topic

Article 19 Amendment Scope

1 rules
StatutoryInformativeAlways
[mpep-1864-1e6616a7af81a3a660e9f5a9]
Demand Allows Amendments to Application
Note:
The filing of a demand enables an applicant to amend the application and respond to observations from the international searching authority.

Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty. The use of the term “Demand” distinguishes Chapter II from the “Request” under Chapter I. It is not possible to file a demand unless a proper Chapter I “Request” for an international application has been filed. Chapter I affords applicant the benefit of an international search, which includes an international search report and a written opinion established by the International Searching Authority. The filing of a demand affords applicant examination of the application and allows applicant to file amendments to the description, claims and drawings to correct any defects, respond to any observations, or address negative findings with respect to any of the claims because of a lack of novelty, inventive step (non-obviousness) or industrial applicability as described in PCT Article 33(2) – (4) mentioned in the written opinion (Form PCT/ISA/237) established by the International Searching Authority. Thus, examination enables applicant to attempt to obtain a positive international preliminary examination report, which in some elected Offices is used as a basis for the issuance of a patent or acceleration programs, e.g., Patent Prosecution Highway.

Jump to MPEP Source · 37 CFR 1.480Article 19 Amendment ScopePCT Description RequirementsReceiving Office (RO/US)
Topic

Request Content and Form

1 rules
StatutoryInformativeAlways
[mpep-1864-4b4b8b868f4c6f6ffb548419]
Demand Form for International Preliminary Examination Available Free of Charge
Note:
The demand for international preliminary examination must be filed using the free form available on WIPO’s website.

The demand should be filed on Form PCT/IPEA/401 along with the fee calculation sheet. The form is available free of charge on WIPO’s website at www.wipo.int/pct/en/forms/index.html.

Jump to MPEP Source · 37 CFR 1.480Request Content and FormPCT Request FormPatent Cooperation Treaty

Citations

Primary topicCitation
Filing, Search & Examination Fees37 CFR § 1.445(a)(1)
National Stage Fees
Nationals and Residents
37 CFR § 1.482(a)(1)
National Stage Fees
Nationals and Residents
37 CFR § 1.482(b)
Article 19 Amendment Scope
Article 19 Amendment Timing
Receiving Office (RO/US)
PCT Article 33(2)
Article 34 Amendments
International Filing Date
PCT Rule 53.7
Article 34 AmendmentsPCT Rule 54
Article 34 AmendmentsPCT Rule 54bis.1(a)
National Stage Fees
Nationals and Residents
PCT Rule 57.3

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.

BlueIron Last Updated: 2025-12-31