PCT Article 39 — – Copy, Translation, and Fee, to Elected Offices (MPEP Index) – BlueIron IP
PCT Article 39 – Copy, Translation, and Fee, to Elected Offices
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 39, including 38 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 of a copy of the international application, translation as prescribed by designated offices, and national fee to elected offices within 30 months from priority date.
What this section covers
- Defines that this section covers the submission of a copy of the international application, translation thereof as prescribed by the designated office, and national fee to elected offices within 30 months from priority date.
- Provides guidance on the requirements for submission of a copy, translation, and fee to designated offices.
Key obligations
- Practitioners must submit a copy of the international application, translation thereof as prescribed by the designated office, and national fee to elected offices within 30 months from priority date.
- The translation must be in a language prescribed by the designated office.
- The national fee must be paid to elected offices as required.
Practice notes
- Practitioners should ensure the copy of the international application and translation are submitted in the prescribed format to avoid delays.
- Be aware of specific language requirements for translations and ensure compliance to avoid rejection.
Official MPEP § 39 — – Copy, Translation, and Fee, to Elected Offices
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 39 – Copy, Translation, and Fee, to Elected Offices
- (1)
- (a) If the election of any Contracting State has been effected prior to the expiration of the 19th month from the priority date, the provisions of Article 22 shall not apply to such State and the applicant shall furnish a copy of the international application (unless the communication under Article 20 has already taken place) and a translation thereof (as prescribed), and pay the national fee (if any), to each elected Office not later than at the expiration of 30 months from the priority date.
- (b) Any national law may, for performing the acts referred to in subparagraph (a), fix time limits which expire later than the time limit provided for in that subparagraph.
- (2) The effect provided for in Article 11(3) shall cease in the elected State with the same consequences as the withdrawal of any national application in that State if the applicant fails to perform the acts referred to in paragraph (1)(a) within the time limit applicable under paragraph (1)(a) or (b).
- (3) Any elected Office may maintain the effect provided for in Article 11(3) even where the applicant does not comply with the requirements provided for in paragraph (1)(a) or (b).
- Patent Issuance
- Notice Of Allowance
-
- Patent Term Adjustment
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- Pct Amendments Article 19
- Pct Filing
- Pct International Preliminary Examination
- Pct National Stage Entry
- Power Of Attorney
- Poa Requirements
- Signature Requirements
- Documents Requiring Signature
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1842 | |
| MPEP § 1859 | |
| MPEP § 1893.01 | |
| MPEP § 2731 |