PCT Article 2 — – Definitions (MPEP Coverage Index) – BlueIron IP
PCT Article 2 – Definitions
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 2, including 13 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 – Definitions section outlines the core terms used in the Patent Cooperation Treaty (PCT), including those defined in PCT Article 2 and Rule 2.
What this section covers
- Define the terms used throughout the Patent Cooperation Treaty (PCT) as outlined in Article 2 and Rule 2.
- Identify the core definitions that are essential for understanding PCT procedures and requirements.
Key obligations
- Practitioners must be familiar with the definitions provided in Article 2 and Rule 2 to ensure compliance with PCT procedures.
- Ensure that any filings or communications with the International Bureau adhere to these defined terms.
Practice notes
- Advise practitioners to cross-reference the definitions in Article 2 and Rule 2 with specific PCT procedures or rules for clarity.
- Remind practitioners to be cautious of any changes in the definitions as they may impact compliance with PCT requirements.
Official MPEP § 2 — – Definitions
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 2 – Definitions
For the purposes of this Treaty and the Regulations and unless expressly stated otherwise:
- (i) “application” means an application for the protection of an invention; references to an “application” shall be construed as references to applications for patents for inventions, inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, and utility certificates of addition;
- (ii) references to a “patent” shall be construed as references to patents for inventions, inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, and utility certificates of addition;
- (iii) “national patent” means a patent granted by a national authority;
- (iv) “regional patent” means a patent granted by a national or an intergovernmental authority having the power to grant patents effective in more than one State;
- (v) “regional application” means an application for a regional patent;
- (vi) references to a “national application” shall be construed as references to applications for national patents and regional patents, other than applications filed under this Treaty;
- (vii) “international application” means an application filed under this Treaty;
- (viii) references to an “application” shall be construed as references to international applications and national applications;
- (ix) references to a “patent” shall be construed as references to national patents and regional patents;
- (x) references to “national law” shall be construed as references to the national law of a Contracting State or, where a regional application or a regional patent is involved, to the treaty providing for the filing of regional applications or the granting of regional patents;
- (xi) “priority date,” for the purposes of computing time limits,
means:
- (a) where the international application contains a priority claim under Article 8 , the filing date of the application whose priority is so claimed;
- (b) where the international application contains several priority claims under Article 8 , the filing date of the earliest application whose priority is so claimed;
- (c) where the international application does not contain any priority claim under Article 8 , the international filing date of such application;
- (xii) “national Office” means the government authority of a Contracting State entrusted with the granting of patents; references to a “national Office” shall be construed as referring also to any intergovernmental authority which several States have entrusted with the task of granting regional patents, provided that at least one of those States is a Contracting State, and provided that the said States have authorized that authority to assume the obligations and exercise the powers which this Treaty and the Regulations provide for in respect of national Offices;
- (xiii) “designated Office” means the national Office of or acting for the State designated by the applicant under Chapter I of this Treaty;
- (xiv) “elected Office” means the national Office of or acting for the State elected by the applicant under Chapter II of this Treaty;
- (xv) “receiving Office” means the national Office or the intergovernmental organization with which the international application has been filed;
- (xvi) “Union” means the International Patent Cooperation Union;
- (xvii) “Assembly” means the Assembly of the Union;
- (xviii) “Organization” means the World Intellectual Property Organization;
- (xix) “International Bureau” means the International Bureau of the Organization and, as long as it subsists, the United International Bureaux for the Protection of Intellectual Property (BIRPI);
- (xx) “Director General” means the Director General of the Organization and, as long as BIRPI subsists, the Director of BIRPI.
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- Pct International Preliminary Examination
- Pct National Stage Entry
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1802 | |
| MPEP § 1828.01 | |
| MPEP § 1842 | |
| MPEP § 1844.01 | |
| MPEP § 1878 |