PCT Article 1 — – Establishment of a Union (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Article 1, including 20 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

PCT Article 1 establishes the fundamental right for patent applicants to claim priority from an initial foreign patent application under international patent law.

What this section covers

The right to rely on a foreign application as a priority document in international patent law.
Origins of the priority right in the multilateral Paris Convention treaty of 1883.

Key obligations

Compliance with international treaty requirements administered by the World Intellectual Property Organization (WIPO).
Tracking and adhering to the latest treaty revisions, such as the Stockholm Revision of 1967.

Conditions and exceptions

Understanding the specific timing and implementation of priority claim provisions.

Practice notes

Verifying reciprocal legislation and foreign filing license requirements across different jurisdictions.
Carefully tracking the effective dates of international patent treaty revisions.

First Mentioned Invention Is Main ClaimMPEP 1850
Priority Right for Foreign ApplicationsMPEP 213.01
Priority Right Under Paris ConventionMPEP 213.01
World Intellectual Property Organization Administers Paris ConventionMPEP 213.01
Latest Paris Convention Revision in Stockholm, July 1967MPEP 213.01
Stockholm Revision Became Effective on September 5, 1970MPEP 213.01
Stockholm Revision Became Effective on August 25, 1973MPEP 213.01
Right of Priority for Foreign ApplicantsMPEP 213.01
Right of Priority by Reciprocal LegislationMPEP 213.01Permitted
Definitions for International Design TermsMPEP 2902
Conversion of International Design Application to Design PatentMPEP 2914Permitted
Petition for Conversion Must Include FeeMPEP 2914Required
No Refund for Conversion FeesMPEP 2914
Mandatory Elements for Design Patent Application from International ConversionMPEP 2914Required
PCT Request Form for Priority and Benefit ClaimsMPEP 601.05(a)
Benefit Claim Requirement for National Stage ApplicationMPEP 601.05(a)
PCT Request Form Satisfies Priority and Applicant Name RequirementsMPEP 601.05(a)
PCT Request Form Must Indicate U.S. FilingMPEP 601.05(a)Required
Inventorship of International Design Application Must Match Hague RegistrationMPEP 602.01
Inventorship Correction Must Follow §1.48MPEP 602.01Required

Petition for Conversion Must Include FeeMPEP 2914Required
Mandatory Elements for Design Patent Application from International ConversionMPEP 2914Required
PCT Request Form Must Indicate U.S. FilingMPEP 601.05(a)Required
Inventorship Correction Must Follow §1.48MPEP 602.01Required

MPEP Section	Rules
MPEP § 1850	First Mentioned Invention Is Main ClaimMPEP 1850
MPEP § 213.01	Priority Right for Foreign ApplicationsMPEP 213.01 Priority Right Under Paris ConventionMPEP 213.01 World Intellectual Property Organization Administers Paris ConventionMPEP 213.01 Latest Paris Convention Revision in Stockholm, July 1967MPEP 213.01 Stockholm Revision Became Effective on September 5, 1970MPEP 213.01 Stockholm Revision Became Effective on August 25, 1973MPEP 213.01 Right of Priority for Foreign ApplicantsMPEP 213.01 Right of Priority by Reciprocal LegislationMPEP 213.01Permitted
MPEP § 2902	Definitions for International Design TermsMPEP 2902
MPEP § 2914	Conversion of International Design Application to Design PatentMPEP 2914Permitted Petition for Conversion Must Include FeeMPEP 2914Required No Refund for Conversion FeesMPEP 2914 Mandatory Elements for Design Patent Application from International ConversionMPEP 2914Required
MPEP § 601.05(a)	PCT Request Form for Priority and Benefit ClaimsMPEP 601.05(a) Benefit Claim Requirement for National Stage ApplicationMPEP 601.05(a) PCT Request Form Satisfies Priority and Applicant Name RequirementsMPEP 601.05(a) PCT Request Form Must Indicate U.S. FilingMPEP 601.05(a)Required
MPEP § 602.01	Inventorship of International Design Application Must Match Hague RegistrationMPEP 602.01 Inventorship Correction Must Follow §1.48MPEP 602.01Required

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

PCT Article 1 — – Establishment of a Union (MPEP Coverage Index) – BlueIron IP

PCT Article 1 – Establishment of a Union

Summary

Official MPEP § 1 — – Establishment of a Union

Article 1 – Establishment of a Union

Verbatim in MPEP

Required Actions

Topics

MPEP Coverage

Related Provisions