PCT Article 21 — – International Publication (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Article 21, including 114 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 details the specific requirements for international applications filed on or after November 29, 2000, emphasizing compliance with PCT Article 21 and the obligations under 37 CFR 1.14(g).

What this section covers

Defines that this section covers international applications filed on or after November 29, 2000.

Key obligations

States that international applications filed on or after November 29, 2000 must comply with the requirements of 37 CFR 1.14(g).
Advises practitioners to ensure the international application meets all requirements specified in 37 CFR 1.14(g) for publication.

Practice notes

Reviews the specific requirements of 37 CFR 1.14(g) for international applications filed on or after November 29, 2000.
Warns practitioners about the potential consequences of failing to comply with the requirements specified in 37 CFR 1.14(g).

Access to Abandoned Applications When Referenced in International PublicationsMPEP 103
Requirement for International Applications Filed After Nov 29, 2000MPEP 110
Access to International Application Files After PublicationMPEP 110
2-Month Amendment Period After Search ReportMPEP 1801Permitted
Amendments and Search Report Published at 18 MonthsMPEP 1801
ISA Written Opinion Not Publicly Available Until 30 MonthsMPEP 1801
ISA Written Opinion and Applicant Comments Publicly AvailableMPEP 1801
Abstract Must Be Included In International PublicationMPEP 1801
Amendments to Claims Must Be Published With Search ReportMPEP 1801
Search Report and Abstract Must Be in English If Application Is Not in EnglishMPEP 1801
Gazette Contains Published Application InformationMPEP 1801
International Application Publications Sent to Designated OfficesMPEP 1801
Specification and Drawings Determine Application Size FeeMPEP 1893.01(c)
Application Size Fee Based on Published SheetsMPEP 1893.01(c)
Specification and Drawings Determine Application Size FeeMPEP 1893.01(c)
Article 34 Amendments Not Considered in Fee CalculationMPEP 1893.01(c)
Prior Art Effect for Patent Application PublicationsMPEP 2139.02
Early PCT Publication OptionMPEP 2139.02Permitted
PCT Filing Dates Not Prior ArtMPEP 2139.02Prohibited
International Application Designating U.S. and Published in EnglishMPEP 2139.02
Pre-AIA Prior Art Date Restrictions for International ApplicationsMPEP 2139.02Permitted
Consider Pre-AIA 102(a) Even If Prior Art Under 102(e)MPEP 2139.02Recommended
Publication of International Application as Earliest Prior Art DateMPEP 2139.02Permitted
Pre-AIA Reference Must Predate Filing Date and Not Be Inventor’s WorkMPEP 2139.02Prohibited
PCT Filing Date for U.S. Prior ArtMPEP 2139.03
Presentation of Benefit Claim in National Stage ApplicationMPEP 601.05(a)
Benefit Claim Not Added via New Patent Cooperation Treaty Request FormMPEP 601.05(a)Permitted
Benefit Claim Must Appear on Publication Front PageMPEP 601.05(a)Prohibited
Priority Claim Not Required in ADS for National StageMPEP 601.05(a)
Requirement for Establishing Prior InventionMPEP 715Prohibited
U.S. Patent Application Publications Are Prior ArtMPEP 901.03
National Stage Application Publications Are Prior ArtMPEP 901.03
Publication Date Requirement for Designated StatesMPEP 1857Required
Invention Priority DeterminationMPEP 2258Required
Rejection Based on Statutory Bar Prohibits Prior Invention DeclarationMPEP 715
Access to US Patent Applications Only When OpenMPEP 103
Abandoned Application Files Available Upon RequestMPEP 103
Pending Application File Contents Available Upon RequestMPEP 103
Patent Application Available Through Patent Center If Maintained in IFW SystemMPEP 103
Publication of Date of Receipt RequiredMPEP 1857Required
Application Size Fee Based on Published International ApplicationMPEP 1893.01(c)
Prior Art Effect for Patent Application PublicationsMPEP 2139.02
Prior Art Effect for International Applications Designating USMPEP 2139.02Permitted
Disqualified Prior Art Under Common OwnershipMPEP 2139.02
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
National Stage Application Publications as Prior ArtMPEP 901.03
Home Copy and Search Copy Not Publicly InspectableMPEP 110
Early Pub Req Not Met If Indic Not Furnished On TimeMPEP 1823.01Permitted
Early Publication Request After Technical Preparations Not Considered TimelyMPEP 1828.01Required
International Application Must Be Published Promptly After 18 MonthsMPEP 1842Required
Publication Despite Withdrawal After PrepMPEP 1859Permitted
PCT Filing Date Limitations for Prior ArtMPEP 2136.03Prohibited
Requirement for PCT Filing After November 29, 2000MPEP 2139.03Required
Invention Described Before FilingMPEP 2217Required
Invention Described Before FilingMPEP 2258Required
Abstract Requirement Not Needed for 371 ApplicationsMPEP 608.01(b)Recommended
Abstract Requirement Not Needed for National ProsecutionMPEP 608.01(b)Recommended

Petition for Access with Special Circumstances RequiredMPEP 103Required
Requirements for Early Publication Not Timely if Filed After Technical PreparationsMPEP 1828.01Required
Requirement for English Translation of International ApplicationMPEP 1893.01(d)Required
Requirement for Sequence Listing XML TranslationMPEP 1893.01(d)Required
Translation of International Application RequiredMPEP 1893.01(d)Required
Translation of Drawings Required for National Stage EntryMPEP 1893.01(d)Required
Specification or Application Data Sheet Must Contain Reference to International ApplicationMPEP 1895.01Required
Specific Reference to International Application Must Be in ADS After Sep 16, 2012MPEP 1895.01Required
Specific Reference to Parent International Application RequiredMPEP 1895.01Required
Required Reference Must Be Submitted Within Time PeriodMPEP 1895.01Required
Certified Copy of International Application Required for Benefit ClaimMPEP 1895.01Required
Publication Date Requirement for Designated StatesMPEP 1857Required
Invention Priority DeterminationMPEP 2258Required
Request for Priority Restoration Must Be Filed Within Two MonthsMPEP 1828.01Required
Publication of Date of Receipt RequiredMPEP 1857Required
PCT Request Form Must Indicate U.S. FilingMPEP 601.05(a)Required
Early Publication Request After Technical Preparations Not Considered TimelyMPEP 1828.01Required
International Application Must Be Published Promptly After 18 MonthsMPEP 1842Required
Requirement for PCT Filing After November 29, 2000MPEP 2139.03Required
Invention Described Before FilingMPEP 2217Required
Invention Described Before FilingMPEP 2258Required

Requirement for Providing Application-as-Filed Upon Written RequestMPEP 103
Copy of Application as Filed Upon Request for U.S. Patent Publications and RegistrationsMPEP 103Permitted
Claim Not Under U.S. Benefit RulesMPEP 103
Request for Application Copy Must Include Fee and Specific ReferenceMPEP 103Prohibited
Public Can View Published Application StatusMPEP 1128Permitted
Status Info for Published ApplicationsMPEP 1128Permitted
Public Can Obtain Continuity Information for Published Patents and ApplicationsMPEP 1128Permitted
Priority Right Can Be Restored Within Two Months of ExpirationMPEP 1828.01
Request for Priority Restoration After ExpirationMPEP 1828.01
English Translation Required for International ApplicationsMPEP 1893.01(d)
Sequence Listing Translation Not Required Before July 1, 2022MPEP 1893.01(d)
Translation of Full Application RequiredMPEP 1893.01(d)
Translation Must Match Original ApplicationMPEP 1893.01(d)
Requirement for Translating Sequence ListingsMPEP 1893.01(d)
Title Not on Description Takes Cover Page TitleMPEP 1893.03(e)(1)
Continuation Application Must Reference International ApplicationMPEP 1895.01
Certified Copy Not Needed for Published PCT ApplicationsMPEP 1895.01
International and U.S. Patents as Pre-AIA Prior ArtMPEP 2136
Prior Art Date for International Applications Under Pre-AIA 102(e)MPEP 2136Permitted
Non-English IA Publications Have No 102(e) Prior Art DateMPEP 2136
Use of International and U.S. Patents as Prior Art Under Pre-AIA 102(e)MPEP 2139.02
Prior Art Date for International Applications Under Pre-AIA 102(e)MPEP 2139.02Permitted
WIPO Published Application as Prior ArtMPEP 2151
WIPO Publication of PCT Application as Prior ArtMPEP 2151
WIPO Published Application as Prior Art Under AIA 102(a)(2)MPEP 2151
WIPO Published Application as U.S. Patent Publication Under Pre-AIAMPEP 2151
WIPO PCT Publications Treated as U.S. ApplicationsMPEP 2154.01(a)
WIPO Published Application as Prior ArtMPEP 2154.01(a)
Access to International Application PublicationsMPEP 1128
Status Information for Published Applications RequiredMPEP 1128
Requirement for Additional Information on Unintentional DelayMPEP 1828.01Permitted
Application Data Sheet Changes Title for Filing ReceiptMPEP 1893.03(e)(1)
Preliminary Amendment Takes Precedence Over Application Data SheetMPEP 1893.03(e)(1)
Application Data Sheet Governs Concurrent Preliminary AmendmentMPEP 1893.03(e)(1)
Time Period Not Extensible for Benefit ReferenceMPEP 1895.01
References Based on Pre-November 29, 2000 International ApplicationsMPEP 2136
Non-English PCT Publication No Prior Art BenefitMPEP 2136Permitted
References Based on Pre-November 29, 2000 International ApplicationsMPEP 2139.02
International and U.S. Patent Publications as Prior ArtMPEP 2139.02
File Contents of Abandoned Applications May Be Publicly AvailableMPEP 901.02Permitted
Subject Matter from Abandoned Applications Can Be Used as Prior ArtMPEP 901.02Permitted
Title Must Reflect Published ApplicationMPEP 1893.03(e)(1)

MPEP Section	Rules
MPEP § 103	Access to Abandoned Applications When Referenced in International PublicationsMPEP 103 Requirement for Providing Application-as-Filed Upon Written RequestMPEP 103 Copy of Application as Filed Upon Request for U.S. Patent Publications and RegistrationsMPEP 103Permitted Claim Not Under U.S. Benefit RulesMPEP 103 Request for Application Copy Must Include Fee and Specific ReferenceMPEP 103Prohibited Petition for Access with Special Circumstances RequiredMPEP 103Required Access to US Patent Applications Only When OpenMPEP 103 Abandoned Application Files Available Upon RequestMPEP 103 Pending Application File Contents Available Upon RequestMPEP 103 Patent Application Available Through Patent Center If Maintained in IFW SystemMPEP 103
MPEP § 110	Requirement for International Applications Filed After Nov 29, 2000MPEP 110 Access to International Application Files After PublicationMPEP 110 Home Copy and Search Copy Not Publicly InspectableMPEP 110
MPEP § 1128	Public Can View Published Application StatusMPEP 1128Permitted Status Info for Published ApplicationsMPEP 1128Permitted Public Can Obtain Continuity Information for Published Patents and ApplicationsMPEP 1128Permitted Access to International Application PublicationsMPEP 1128 Status Information for Published Applications RequiredMPEP 1128
MPEP § 1801	2-Month Amendment Period After Search ReportMPEP 1801Permitted Amendments and Search Report Published at 18 MonthsMPEP 1801 ISA Written Opinion Not Publicly Available Until 30 MonthsMPEP 1801 ISA Written Opinion and Applicant Comments Publicly AvailableMPEP 1801 Abstract Must Be Included In International PublicationMPEP 1801 Amendments to Claims Must Be Published With Search ReportMPEP 1801 Search Report and Abstract Must Be in English If Application Is Not in EnglishMPEP 1801 Gazette Contains Published Application InformationMPEP 1801 International Application Publications Sent to Designated OfficesMPEP 1801
MPEP § 1823.01	Early Pub Req Not Met If Indic Not Furnished On TimeMPEP 1823.01Permitted
MPEP § 1828.01	Priority Right Can Be Restored Within Two Months of ExpirationMPEP 1828.01 Request for Priority Restoration After ExpirationMPEP 1828.01 Requirements for Early Publication Not Timely if Filed After Technical PreparationsMPEP 1828.01Required Request for Priority Restoration Must Be Filed Within Two MonthsMPEP 1828.01Required Requirement for Additional Information on Unintentional DelayMPEP 1828.01Permitted Early Publication Request After Technical Preparations Not Considered TimelyMPEP 1828.01Required
MPEP § 1842	International Application Must Be Published Promptly After 18 MonthsMPEP 1842Required
MPEP § 1857	Publication Date Requirement for Designated StatesMPEP 1857Required Publication of Date of Receipt RequiredMPEP 1857Required
MPEP § 1859	Publication Despite Withdrawal After PrepMPEP 1859Permitted
MPEP § 1893.01(c)	Specification and Drawings Determine Application Size FeeMPEP 1893.01(c) Application Size Fee Based on Published SheetsMPEP 1893.01(c) Specification and Drawings Determine Application Size FeeMPEP 1893.01(c) Article 34 Amendments Not Considered in Fee CalculationMPEP 1893.01(c) Application Size Fee Based on Published International ApplicationMPEP 1893.01(c)
MPEP § 1893.01(d)	Requirement for English Translation of International ApplicationMPEP 1893.01(d)Required English Translation Required for International ApplicationsMPEP 1893.01(d) Requirement for Sequence Listing XML TranslationMPEP 1893.01(d)Required Sequence Listing Translation Not Required Before July 1, 2022MPEP 1893.01(d) Translation of International Application RequiredMPEP 1893.01(d)Required Translation of Full Application RequiredMPEP 1893.01(d) Translation Must Match Original ApplicationMPEP 1893.01(d) Translation of Drawings Required for National Stage EntryMPEP 1893.01(d)Required Requirement for Translating Sequence ListingsMPEP 1893.01(d)
MPEP § 1893.03(e)(1)	Title Not on Description Takes Cover Page TitleMPEP 1893.03(e)(1) Application Data Sheet Changes Title for Filing ReceiptMPEP 1893.03(e)(1) Preliminary Amendment Takes Precedence Over Application Data SheetMPEP 1893.03(e)(1) Application Data Sheet Governs Concurrent Preliminary AmendmentMPEP 1893.03(e)(1) Title Must Reflect Published ApplicationMPEP 1893.03(e)(1)
MPEP § 1895.01	Specification or Application Data Sheet Must Contain Reference to International ApplicationMPEP 1895.01Required Specific Reference to International Application Must Be in ADS After Sep 16, 2012MPEP 1895.01Required Continuation Application Must Reference International ApplicationMPEP 1895.01 Specific Reference to Parent International Application RequiredMPEP 1895.01Required Required Reference Must Be Submitted Within Time PeriodMPEP 1895.01Required Certified Copy of International Application Required for Benefit ClaimMPEP 1895.01Required Certified Copy Not Needed for Published PCT ApplicationsMPEP 1895.01 Time Period Not Extensible for Benefit ReferenceMPEP 1895.01
MPEP § 2136	International and U.S. Patents as Pre-AIA Prior ArtMPEP 2136 Prior Art Date for International Applications Under Pre-AIA 102(e)MPEP 2136Permitted Non-English IA Publications Have No 102(e) Prior Art DateMPEP 2136 References Based on Pre-November 29, 2000 International ApplicationsMPEP 2136 Non-English PCT Publication No Prior Art BenefitMPEP 2136Permitted
MPEP § 2136.03	PCT Filing Date Limitations for Prior ArtMPEP 2136.03Prohibited
MPEP § 2139.02	Use of International and U.S. Patents as Prior Art Under Pre-AIA 102(e)MPEP 2139.02 Prior Art Date for International Applications Under Pre-AIA 102(e)MPEP 2139.02Permitted Prior Art Effect for Patent Application PublicationsMPEP 2139.02 Early PCT Publication OptionMPEP 2139.02Permitted PCT Filing Dates Not Prior ArtMPEP 2139.02Prohibited International Application Designating U.S. and Published in EnglishMPEP 2139.02 Pre-AIA Prior Art Date Restrictions for International ApplicationsMPEP 2139.02Permitted Consider Pre-AIA 102(a) Even If Prior Art Under 102(e)MPEP 2139.02Recommended Publication of International Application as Earliest Prior Art DateMPEP 2139.02Permitted Pre-AIA Reference Must Predate Filing Date and Not Be Inventor’s WorkMPEP 2139.02Prohibited References Based on Pre-November 29, 2000 International ApplicationsMPEP 2139.02 International and U.S. Patent Publications as Prior ArtMPEP 2139.02 Prior Art Effect for Patent Application PublicationsMPEP 2139.02 Prior Art Effect for International Applications Designating USMPEP 2139.02Permitted Disqualified Prior Art Under Common OwnershipMPEP 2139.02
MPEP § 2139.03	PCT Filing Date for U.S. Prior ArtMPEP 2139.03 Requirement for PCT Filing After November 29, 2000MPEP 2139.03Required
MPEP § 2151	WIPO Published Application as Prior ArtMPEP 2151 WIPO Publication of PCT Application as Prior ArtMPEP 2151 WIPO Published Application as Prior Art Under AIA 102(a)(2)MPEP 2151 WIPO Published Application as U.S. Patent Publication Under Pre-AIAMPEP 2151
MPEP § 2154.01(a)	WIPO PCT Publications Treated as U.S. ApplicationsMPEP 2154.01(a) WIPO Published Application as Prior ArtMPEP 2154.01(a)
MPEP § 2217	Invention Described Before FilingMPEP 2217Required
MPEP § 2258	Invention Priority DeterminationMPEP 2258Required Invention Described Before FilingMPEP 2258Required
MPEP § 601.05(a)	Presentation of Benefit Claim in National Stage ApplicationMPEP 601.05(a) Benefit Claim Not Added via New Patent Cooperation Treaty Request FormMPEP 601.05(a)Permitted Benefit Claim Must Appear on Publication Front PageMPEP 601.05(a)Prohibited Priority Claim Not Required in ADS for National StageMPEP 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 § 608.01(b)	Abstract Requirement Not Needed for 371 ApplicationsMPEP 608.01(b)Recommended Abstract Requirement Not Needed for National ProsecutionMPEP 608.01(b)Recommended
MPEP § 715	Requirement for Establishing Prior InventionMPEP 715Prohibited Rejection Based on Statutory Bar Prohibits Prior Invention DeclarationMPEP 715
MPEP § 901.02	File Contents of Abandoned Applications May Be Publicly AvailableMPEP 901.02Permitted Subject Matter from Abandoned Applications Can Be Used as Prior ArtMPEP 901.02Permitted
MPEP § 901.03	U.S. Patent Application Publications Are Prior ArtMPEP 901.03 National Stage Application Publications Are Prior ArtMPEP 901.03 National Stage Application Publications as Prior ArtMPEP 901.03

Related Provisions

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

PCT Article 21 — – International Publication (MPEP Coverage Index) – BlueIron IP

PCT Article 21 – International Publication

Summary

Official MPEP § 21 — – International Publication

Article 21 – International Publication

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions