PCT Article 43 — – Seeking Certain Kinds of Protection (MPEP Coverage Index) – BlueIron IP
PCT Article 43 – Seeking Certain Kinds of Protection
This page consolidates MPEP guidance interpreting PCT Article 43, including 1 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 – Seeking Certain Kinds of Protection is a critical step in the PCT process, defining which Contracting States are to be protected under an international application.
What this section covers
- This section covers the designation of Contracting States for protection in an international application.
Key obligations
- Practitioners must ensure the international application request designates all Contracting States bound by the Treaty.
- An indication of seeking certain kinds of protection is implied in filing the international application request.
Practice notes
- Review the list of Contracting States bound by the Treaty before filing an international application.
- Avoid omitting any Contracting State that should be designated to prevent delays or rejections.
Official MPEP § 43 — – Seeking Certain Kinds of Protection
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 43 – Seeking Certain Kinds of Protection
In respect of any designated or elected State whose law provides for the grant of inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, or utility certificates of addition, the applicant may indicate, as prescribed in the Regulations, that his international application is for the grant, as far as that State is concerned, of an inventor’s certificate, a utility certificate, or a utility model, rather than a patent, or that it is for the grant of a patent or certificate of addition, an inventor’s certificate of addition, or a utility certificate of addition, and the ensuing effect shall be governed by the applicant’s choice. For the purposes of this Article and any Rule thereunder, Article 2(ii) shall not apply.