PCT Article 4 — – The Request (MPEP Coverage Index) – BlueIron IP
PCT Article 4 – The Request
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 4, including 40 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 explains the process of filing an international application under the Patent Cooperation Treaty (PCT) within 12 months to claim priority, emphasizing key obligations and practical tips for timely compliance.
What this section covers
- The – The Request is about filing an international application under the PCT within 12 months of the first application to claim priority.
Key obligations
- Practitioners must file the international application within 12 months of the first application to claim priority.
- The subject matter of both applications must be substantially similar for priority to apply.
- The filing of the international application must include a claim to priority and a copy of the first application.
Practice notes
- Ensure the international application is filed within 12 months of the first application to avoid losing priority.
- Missing the 12-month deadline can result in loss of priority, so keep track of filing dates.
Official MPEP § 4 — – The Request
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 4 – The Request
- (1) The request shall contain:
- (i) a petition to the effect that the international application be processed according to this Treaty;
- (ii) the designation of the Contracting State or States in which protection for the invention is desired on the basis of the international application (“designated States”); if for any designated State a regional patent is available and the applicant wishes to obtain a regional patent rather than a national patent, the request shall so indicate; if, under a treaty concerning a regional patent, the applicant cannot limit his application to certain of the States party to that treaty, designation of one of those States and the indication of the wish to obtain the regional patent shall be treated as designation of all the States party to that treaty; if, under the national law of the designated State, the designation of that State has the effect of an application for a regional patent, the designation of the said State shall be treated as an indication of the wish to obtain the regional patent;
- (iii) the name of and other prescribed data concerning the applicant and the agent (if any);
- (iv) the title of the invention;
- (v) the name of and other prescribed data concerning the inventor where the national law of at least one of the designated States requires that these indications be furnished at the time of filing a national application. Otherwise, the said indications may be furnished either in the request or in separate notices addressed to each designated Office whose national law requires the furnishing of the said indications but allows that they be furnished at a time later than that of the filing of a national application.
- (2) Every designation shall be subject to the payment of the prescribed fee within the prescribed time limit.
- (3) Unless the applicant asks for any of the other kinds of protection referred to in Article 43 , designation shall mean that the desired protection consists of the grant of a patent by or for the designated State. For the purposes of this paragraph, Article 2(ii) shall not apply.
- (4) Failure to indicate in the request the name and other prescribed data concerning the inventor shall have no consequence in any designated State whose national law requires the furnishing of the said indications but allows that they be furnished at a time later than that of the filing of a national application. Failure to furnish the said indications in a separate notice shall have no consequence in any designated State whose national law does not require the furnishing of the said indications.
- Certificate Of Mailing
- Certified Copies
- Design Patents
- Design Application
- Design Priority Benefit
- Examination Procedure
- Office Action Response
- Response Requirements
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- International Design
- Hague Principles
- Ida Examination
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- Ida Requirements
- Ida Applicant
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- Patent Issuance
- Certificate Of Correction
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- Pct Amendments Article 19
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- Pct Request
- Priority Benefit
- Foreign Priority