PCT Article 31 — – Demand for International Preliminary Examination (MPEP Index) – BlueIron IP
PCT Article 31 – Demand for International Preliminary Examination
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 31, including 11 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 – Demand for International Preliminary Examination is a critical step in the PCT process that triggers the application of international rules for examination in all designated Contracting States bound by Chapter II.
What this section covers
- Filing a demand constitutes the election of all designated Contracting States bound by Chapter II.
- This election triggers the application of international rules for examination in these states.
Key obligations
- Filing a demand constitutes the election of all designated PCT member states, which must be considered in the examination process.
- This election is irrevocable once a demand has been filed.
Practice notes
- Carefully review the designated states and ensure they are bound by Chapter II before filing a demand.
- Avoid making any changes to the election after the demand has been filed, as it is irrevocable.
Official MPEP § 31 — – Demand for International Preliminary Examination
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 31 – Demand for International Preliminary Examination
- (1) On the demand of the applicant, his international application shall be the subject of an international preliminary examination as provided in the following provisions and the Regulations.
- (2)
- (a) Any applicant who is a resident or national, as defined in the Regulations, of a Contracting State bound by Chapter II, and whose international application has been filed with the receiving Office of or acting for such State, may make a demand for international preliminary examination.
- (b) The Assembly may decide to allow persons entitled to file international applications to make a demand for international preliminary examination even if they are residents or nationals of a State not party to this Treaty or not bound by Chapter II.
- (3) The demand for international preliminary examination shall be made separately from the international application. The demand shall contain the prescribed particulars and shall be in the prescribed language and form.
- (4)
- (a) The demand shall indicate the Contracting State or States in which the applicant intends to use the results of the international preliminary examination (“elected States”). Additional Contracting States may be elected later. Election may relate only to Contracting States already designated under Article 4 .
- (b) Applicants referred to in paragraph (2)(a) may elect any Contracting State bound by Chapter II. Applicants referred to in paragraph (2)(b) may elect only such Contracting States bound by Chapter II as have declared that they are prepared to be elected by such applicants.
- (5) The demand shall be subject to the payment of the prescribed fees within the prescribed time limit.
- (6)
- (a) The demand shall be submitted to the competent International Preliminary Examining Authority referred to in Article 32 .
- (b) Any later election shall be submitted to the International Bureau.
- (7) Each elected Office shall be notified of its election.
- Pct
- Pct Amendments Article 19
- Pct Filing
- Pct International Preliminary Examination
| MPEP Section | Rules |
|---|---|
| MPEP § 1862 | |
| MPEP § 1864.02 | |
| MPEP § 1864.03 | |
| MPEP § 1881 | |
| MPEP § 1893.01(a) |