PCT Article 22 — – Copy, Translation, and Fee, to Designated Offices (MPEP Index) – BlueIron IP
PCT Article 22 – Copy, Translation, and Fee, to Designated Offices
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 22, including 48 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 covers the submission requirements for a copy of an international application, its translation, and fees to designated offices under PCT Article 22(1), within 30 months from the filing date or priority date.
What this section covers
- This section covers the submission requirements for a copy of an international application, its translation, and fees to designated offices under PCT Article 22(1).
- It provides guidance on the submission of these documents within 30 months from the filing date or priority date.
Key obligations
- Practitioners must submit a copy of the international application to designated offices within 30 months from the filing date or priority date.
- A translation of the application must be provided if it is not in one of the prescribed languages.
- The national fee must accompany the submission to designated offices as per PCT Article 22(1).
Practice notes
- Ensure the translation provided meets the prescribed language requirements as outlined in MPEP § 2106.04(b).
- Be aware of the potential consequences of submitting an incomplete or non-compliant submission, which may result in delays or rejection.
Official MPEP § 22 — – Copy, Translation, and Fee, to Designated Offices
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 22 – Copy, Translation, and Fee, to Designated Offices
- (1) The applicant shall furnish a copy of the international application (unless the communication provided for in Article 20 has already taken place) and a translation thereof (as prescribed), and pay the national fee (if any), to each designated Office not later than at the expiration of 30 [ Editor’s Note: The 30-month time limit, as in force from April 1, 2002, does not apply in respect of any designated Office which has notified the International Bureau of incompatibility with the national law applied by that Office. The 20-month time limit, as in force until March 31, 2002, continues to apply after that date in respect of any such designated Office for as long as Article 22(1), as modified, continues not to be compatible with the applicable national law. Information received by the International Bureau concerning any such incompatibility is published in the Gazette and on the WIPO website at: www.wipo.int/pct/en/texts/reservations/res_incomp.html .] months from the priority date. Where the national law of the designated State requires the indication of the name of and other prescribed data concerning the inventor but allows that these indications be furnished at a time later than that of the filing of a national application, the applicant shall, unless they were contained in the request, furnish the said indications to the national Office of or acting for the State not later than at the expiration of 30 [ Editor’s Note: The 30-month time limit, as in force from April 1, 2002, does not apply in respect of any designated Office which has notified the International Bureau of incompatibility with the national law applied by that Office. The 20-month time limit, as in force until March 31, 2002, continues to apply after that date in respect of any such designated Office for as long as Article 22(1), as modified, continues not to be compatible with the applicable national law. Information received by the International Bureau concerning any such incompatibility is published in the Gazette and on the WIPO website at: www.wipo.int/pct/en/texts/reservations/res_incomp.html .] months from the priority date.
- (2) Where the International Searching Authority makes a declaration, under Article 17(2)(a) , that no international search report will be established, the time limit for performing the acts referred to in paragraph (1) of this Article shall be the same as that provided for in paragraph (1).
- (3) Any national law may, for performing the acts referred to in paragraphs (1) or (2), fix time limits which expire later than the time limit provided for in those paragraphs.
- Patent Issuance
- Notice Of Allowance
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- Patent Term Adjustment
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- Pct Amendments Article 19
- Pct Description Claims
- Pct Filing
- Pct International Preliminary Examination
- Pct International Search
- Pct National Stage Entry
- Pct Publication
- Pct Request
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1823.01 | |
| MPEP § 1824 | |
| MPEP § 1842 | |
| MPEP § 1850 | |
| MPEP § 1856 | |
| MPEP § 1893.01 | |
| MPEP § 2731 |