37 CFR § 1.412 — The United States Receiving Office. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.412 The United States Receiving Office.
This page consolidates MPEP guidance interpreting 37 CFR § 1.412, including 17 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 United States Receiving Office manages patent application foreign filing requirements, mandating a license from the Commissioner for Patents before international submission.
What this section covers
- Regulatory framework for filing patent applications abroad after initial US filing.
- Scope of applications requiring Commissioner of Patents licensing.
Key obligations
- Obtain a license from the Commissioner for Patents before filing any patent application internationally.
- Ensure licensing covers all modifications, amendments, supplements, and divisional applications.
Practice notes
- Carefully review all international filing requirements before submitting patent applications abroad.
- Proactively seek Commissioner's authorization to avoid potential legal complications in foreign patent filing.
Official MPEP § 1.412 — The United States Receiving Office.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.412 The United States Receiving Office.
- (a) The United States Patent and Trademark Office is a Receiving Office only for applicants who are residents or nationals of the United States of America.
- (b) The Patent and Trademark Office, when acting as a Receiving Office, will be identified by the full title “United States Receiving Office” or by the abbreviation “RO/US.”
- (c) The major functions of the Receiving Office
include:
- (1) According of international filing dates to international applications meeting the requirements of PCT Art. 11(1) and PCT Rule 20 ;
- (2) Assuring that international applications meet the standards for format and content of PCT Art. 14(1) , PCT Rule 9 , 26 , 29.1 , 37 , 38 , 91 , and portions of PCT Rules 3 through 11 ;
- (3) Collecting and, when required, transmitting fees due for processing international applications ( PCT Rule 14 , 15 , 16 );
- (4) Transmitting the record and search copies to the International Bureau and International Searching Authority, respectively ( PCT Rules 22 and 23 ); and
- (5) Determining compliance with applicable requirements of part 5 of this chapter.
- (6) Reviewing and, unless prescriptions
concerning national security prevent the application from
being so transmitted (
PCT Rule
19.4
), transmitting the international
application to the International Bureau for processing in its
capacity as a Receiving Office:
- (i) Where the United States Receiving Office is not the competent Receiving Office under PCT Rule 19.1 or 19.2 and § 1.421(a) ; or
- (ii) Where the international application is not in English but is in a language accepted under PCT Rule 12.1(a) by the International Bureau as a Receiving Office; or
- (iii) Where there is agreement and authorization in accordance with PCT Rule 19.4(a)(iii) .
[Para. (c)(6) added, 60 FR 21438, May 2, 1995, effective June 1, 1995; para. (c)(6) revised, 63 FR 29614, June 1, 1998, effective July 1, 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998)]
- International Design
- Ida Filing
- Ida Requirements
- Ida Contents
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- Pct Amendments Article 19
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- Pct Filing
| MPEP Section | Rules |
|---|---|
| MPEP § 140 | |
| MPEP § 1805 | |
| MPEP § 1825 |