PCT Article 40 — – Delaying of National Examination and Other (MPEP Coverage Index) – BlueIron IP
PCT Article 40 – Delaying of National Examination and Other
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 40, including 2 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.
Official MPEP § 40 — – Delaying of National Examination and Other
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 40 – Delaying of National Examination and Other Processing
- (1) 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 23 shall not apply to such State and the national Office of or acting for that State shall not proceed, subject to the provisions of paragraph (2), to the examination and other processing of the international application prior to the expiration of the applicable time limit under Article 39 .
- (2) Notwithstanding the provisions of paragraph (1), any elected Office may, on the express request of the applicant, proceed to the examination and other processing of the international application at any time.
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