PCT Article 13 — – Availability of Copy of the International Application to — MPEP Index – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Article 13, including 23 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 addresses the availability of a copy of an international application for plant patents, particularly requiring a variety denomination as a condition for receiving a patent under UPOV Convention.

What this section covers

This section addresses the availability and requirements for obtaining a copy of an international application, particularly in relation to plant patents.
It identifies the specific conditions and requirements for plant patents, especially in light of the UPOV Convention.

Key obligations

A variety denomination is required as a condition for receiving a plant patent, except in one instance where the UPOV Convention does not affect examination.
Practitioners must ensure the variety denomination is provided in accordance with the UPOV Convention, even if it does not affect examination.

Practice notes

Review the specific requirements for variety denomination under the UPOV Convention, as it may impact plant patent applications.
Avoid non-compliance with variety denomination requirements to prevent rejection of plant patent applications.

Variety Denomination Required for Plant PatentsMPEP 1612
Variety Denomination Must Be RegisteredMPEP 1612
Registration Required for Plant PatentsMPEP 1612
Examiner Must Evaluate Proposed Variety Denomination According to UPOV Convention, Article 13MPEP 1612Required
Proposed Variety Denomination Must Be Unique GloballyMPEP 1612
Proposed Denomination Must Not Mislead ConsumerMPEP 1612Prohibited
Denomination Must Match UPOV Member StateMPEP 1612Required
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

Examiner Must Evaluate Proposed Variety Denomination According to UPOV Convention, Article 13MPEP 1612Required
Denomination Must Match UPOV Member StateMPEP 1612Required
Requirement for Electing One Independent DesignMPEP 2920.05(b)Required

Single Independent and Distinct Design Requirement for Nonprovisional International Design ApplicationsMPEP 2920.05(b)Permitted
Hague Agreement One Design Per ApplicationMPEP 2920.05(b)Permitted
One Independent and Distinct Design Requirement for Nonprovisional International ApplicationsMPEP 2920.05(b)
Restrict to One Independent Design Before MeritsMPEP 2920.05(b)Recommended
Single Independent and Distinct Design Must Be Claimed in ApplicationMPEP 2920.05(b)Permitted
Single Design Requirement for International ApplicationsMPEP 2920.05(b)
Single Design Per Application RequirementMPEP 2903Permitted

MPEP Section	Rules
MPEP § 1612	Variety Denomination Required for Plant PatentsMPEP 1612 Variety Denomination Must Be RegisteredMPEP 1612 Registration Required for Plant PatentsMPEP 1612 Examiner Must Evaluate Proposed Variety Denomination According to UPOV Convention, Article 13MPEP 1612Required Proposed Variety Denomination Must Be Unique GloballyMPEP 1612 Proposed Denomination Must Not Mislead ConsumerMPEP 1612Prohibited Denomination Must Match UPOV Member StateMPEP 1612Required
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 § 2903	Single Design Per Application RequirementMPEP 2903Permitted
MPEP § 2920.05(b)	Single Independent and Distinct Design Requirement for Nonprovisional International Design ApplicationsMPEP 2920.05(b)Permitted Hague Agreement One Design Per ApplicationMPEP 2920.05(b)Permitted One Independent and Distinct Design Requirement for Nonprovisional International ApplicationsMPEP 2920.05(b) Requirement for Electing One Independent DesignMPEP 2920.05(b)Required Restrict to One Independent Design Before MeritsMPEP 2920.05(b)Recommended Single Independent and Distinct Design Must Be Claimed in ApplicationMPEP 2920.05(b)Permitted Single Design Requirement for International ApplicationsMPEP 2920.05(b)

Related Provisions

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

PCT Article 13 — – Availability of Copy of the International Application to — MPEP Index – BlueIron IP

PCT Article 13 – Availability of Copy of the International Application to

Summary

Official MPEP § 13 — – Availability of Copy of the International Application to

Article 13 – Availability of Copy of the International Application to Designated Offices

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions