PCT Article 11 — – Filing Date and Effects of the International (MPEP Coverage Index) – BlueIron IP
PCT Article 11 – Filing Date and Effects of the International
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 11, including 59 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 11 governs the establishment and legal implications of international patent application filing dates under the Patent Cooperation Treaty.
What this section covers
- Establishes the fundamental requirements for obtaining a valid international filing date through PCT procedures.
- Defines the legal effects of an international application that designates the United States.
Key obligations
- Requires later-filed applications to explicitly reference prior copending applications to claim benefit under patent filing procedures.
- Mandates that international applications meet specific formal requirements to establish a valid filing date.
Conditions and exceptions
- Specifies the conditions under which an international application can claim priority from a previous application.
Practice notes
- Advise practitioners to carefully draft references and ensure comprehensive documentation when filing international patent applications.
- Emphasize the importance of precise and timely filing to preserve patent rights in international jurisdictions.
Official MPEP § 11 — – Filing Date and Effects of the International
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 11 – Filing Date and Effects of the International Application
- (1) The receiving Office shall accord as the international filing
date the date of receipt of the international application, provided that that
Office has found that, at the time of receipt:
- (i) the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office,
- (ii) the international application is in the prescribed language,
- (iii) the international application contains at least the
following elements:
- (a) an indication that it is intended as an international application,
- (b) the designation of at least one Contracting State,
- (c) the name of the applicant, as prescribed,
- (d) a part which on the face of it appears to be a description,
- (e) a part which on the face of it appears to be a claim or claims.
- (2)
- (a) If the receiving Office finds that the international application did not, at the time of receipt, fulfill the requirements listed in paragraph (1), it shall, as provided in the Regulations, invite the applicant to file the required correction.
- (b) If the applicant complies with the invitation, as provided in the Regulations, the receiving Office shall accord as the international filing date the date of receipt of the required correction.
- (3) Subject to Article 64(4) , any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) and accorded an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.
- (4) Any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) shall be equivalent to a regular national filing within the meaning of the Paris Convention for the Protection of Industrial Property.
- Application Types
- Continuing Applications
- Cip Applications
- Continuation Applications
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- International Design
- Ida Filing
- Ida Requirements
- Ida Contents
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- Pct Amendments Article 19
- Pct Description Claims
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- Sequence Listing