37 CFR § 1.431 — International application (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.431 International application
This page consolidates MPEP guidance interpreting 37 CFR § 1.431, including 32 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 International application must be filed on or after the filing date, which is determined by satisfying PCT Article 11(1) and USC 361(c).
What this section covers
- This section covers the filing date requirements for international applications under the Patent Cooperation Treaty.
- The core topic is ensuring that the international application is filed on or after a specific date, which includes meeting PCT Article 11(1) and USC 361(c).
Key obligations
- The primary requirement is to ensure that the international application is filed on or after the filing date, as specified in PCT Article 11(1) and USC 361(c).
- An additional required element is ensuring that the application is in English, as specified by PCT Rule 3(2).
Practice notes
- A practical drafting tip is to ensure that the international application is filed on or after the priority date.
- A common pitfall to avoid is ensuring that the application is in English and meets all other filing requirements.
Official MPEP § 1.431 — International application
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.431 International application requirements.
[Editor Note: Para. (b)(3)(iii) below is applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]
- (a) An international application shall contain, as specified in the Treaty and the Regulations, a Request, a description, one or more claims, an abstract, and one or more drawings (where required). ( PCT Art. 3(2) and Section 207 of the Administrative Instructions.)
- (b) An international filing date will be accorded
by the United States Receiving Office, at the time of receipt of
the international application, provided that:
- (1) At least one applicant (§ 1.421 ) is a United States resident or national and the papers filed at the time of receipt of the international application so indicate ( 35 U.S.C. 361(a) , PCT Art. 11(1)(i) ).
- (2) The international application is in the English language ( 35 U.S.C. 361(c) , PCT Art. 11(1)(ii) ).
- (3) The international application contains
at least the following elements (PCT Art.
11(1)(iii)
):
- (i) An indication that it is intended as an international application (PCT Rule 4.2 );
- (ii) The designation of at least one Contracting State of the International Patent Cooperation Union (§ 1.432 );
- (iii) The name of the applicant, as prescribed (note §§ 1.421 , 1.422 , and 1.424 );
- (iv) A part which on the face of it appears to be a description; and
- (v) A part which on the face of it appears to be a claim.
- (c) Payment of the international filing fee (PCT Rule 15.2 ) and the transmittal and search fees (§ 1.445 ) may be made in full at the time the international application papers required by paragraph (b) of this section are deposited or within one month thereafter. The international filing, transmittal, and search fee payable is the international filing, transmittal, and search fee in effect on the receipt date of the international application. If the international filing, transmittal and search fees are not paid within one month from the date of receipt of the international application and prior to the sending of a notice of deficiency, which imposes a late payment fee (§ 1.445(a)(6) ), the applicant will be notified and given a one month non-extendable time limit within which to pay the deficient fees plus the late payment fee.
- (d) If the payment needed to cover the transmittal fee, the international filing fee, the search fee, and the late payment fee pursuant to paragraph (c) of this section is not timely made in accordance with PCT Rule 16bis.1(e) , the Receiving Office will declare the international application withdrawn under PCT Article 14(3)(a) .
[43 FR 20458, May 11, 1978; paras. (b), (c), (d) and (e), 50 FR 9383, Mar. 7, 1985, effective May 8, 1985; para. (d) amended, 52 FR 20047, May 28, 1987; paras. (b)(1), (b)(3)(ii), (c) and (d) amended, para. (e) deleted, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; paras. (c) and (d) revised, 63 FR 29614, June 1, 1998, effective July 1, 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); paras. (b)(3), (c) & (d) revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004; para. (c)(2) corrected, 68 FR 67805, Dec. 4, 2003; para. (b)(3)(iii) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (c) revised, 85 FR 46932, Aug. 3, 2020, effective Oct. 2, 2020]
[ *The revisions to para. (b)(3)(iii) effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.431(pre‑AIA) for para. (b)(3)(iii) otherwise in effect.]
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