37 CFR § 1.480 — Demand for international preliminary (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.480 Demand for international preliminary
This page consolidates MPEP guidance interpreting 37 CFR § 1.480, including 14 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
This section provides detailed guidance on the process of filing a demand for an international preliminary examination, ensuring practitioners understand the required Form PCT/IPEA/401 and fee calculation sheet to avoid delays and ensure compliance with USC/CFR regulations.
What this section covers
- This section covers the filing of a demand for an international preliminary examination.
- It provides guidance on the form and content of the demand, including Form PCT/IPEA/401.
Key obligations
- Practitioners must file the demand on Form PCT/IPEA/401.
- A fee calculation sheet must be included with the demand.
- Compliance with USC/CFR regulations is required for filing the demand properly.
Practice notes
- Ensure all required information is accurately filled in Form PCT/IPEA/401.
- Be aware of potential delays if the fee calculation sheet is not correctly prepared and submitted with the demand.
Official MPEP § 1.480 — Demand for international preliminary
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.480 Demand for international 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 .
- (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.”
- (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) .
- (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 ).
- (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 54bis.1(b) ).
[52 FR 20048, May 28, 1987; para. (d), 53 FR 47810, Nov. 28, 1988, effective Jan. 1, 1989; para. (b) amended, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; para. (a) revised, 63 FR 29614, June 1, 1998, effective July 1, 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); para. (c) removed and para. (d) redesignated as para. (c), 67 FR 520, Jan. 4, 2002, effective Apr. 1, 2002; para. (b) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (a) revised, paras. (d) & (e) added, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004]
- Fees
- Pct
- Pct Amendments Article 19
- Pct Fees
- Pct Filing
- Pct International Preliminary Examination
- Pct Request
| MPEP Section | Rules |
|---|---|
| MPEP § 1864 |