This page consolidates MPEP guidance interpreting PCT Article 10, including 77 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 – The Receiving Office is responsible for processing international applications (IAs) under the Patent Cooperation Treaty, ensuring they are filed with the correct office and meet necessary formalities.

What this section covers

• This section covers the filing requirements for international applications (IAs) with the designated receiving office under the Patent Cooperation Treaty.
• It also addresses the requirement for designating at least one Contracting State in which patent protection is desired.

Key obligations

• Practitioners must ensure the international application is filed with the designated receiving office.
• The application must include a designation of at least one Contracting State where patent protection is sought.
• The application must meet the standards for completeness and formal requirements as set forth by the receiving office.

Practice notes

• It is crucial to ensure the correct receiving office is identified in the international application.
• Failure to designate a Contracting State may result in the loss of priority and subsequent filing opportunities.

Related Provisions

• 37 CFR § 1.14
• PCT Article 21
• 37 CFR § 1.46
• 35 U.S.C. § 371
• 37 CFR § 1.17

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