PCT Rule 15 — The International Filing Fee (MPEP Coverage Index) – BlueIron IP
PCT Rule 15 The International Filing Fee
This page consolidates MPEP guidance interpreting PCT Rule 15, including 9 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 PCT Rule 15 outlines that if an international design application meets all necessary requirements, it will be registered in the International Register by the International Bureau.
What this section covers
- This section covers industrial design applications and their registration through the International Filing Fee process.
Key obligations
- Ensure the international design application conforms to all applicable requirements, which is a primary requirement for registration.
- Pay the international filing fee to register the industrial design in the International Register.
Practice notes
- Ensure all required information is included with the application to avoid delays in registration.
- Timely payment of the international filing fee is crucial for successful industrial design registration.
Official MPEP § 15 — The International Filing Fee
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 15 The International Filing Fee
15.1 The International Filing Fee
Each international application shall be subject to the payment of a fee for the benefit of the International Bureau (“international filing fee”) to be collected by the receiving Office.
15.2 Amount; Transfer
- (a) The amount of the international filing fee is as set out in the Schedule of Fees.
- (b) The international filing fee shall be payable in the currency or one of the currencies prescribed by the receiving Office (“prescribed currency”).
- (c) Where the prescribed currency is the Swiss franc, the receiving Office shall transfer the said fee to the International Bureau in Swiss francs in accordance with Rule 96.2 .
- (d) Where the prescribed currency is a currency other
than the Swiss franc and that currency:
- (i) is freely convertible into Swiss francs, the Director General shall establish, for each receiving Office which prescribes such a currency for the payment of the international filing fee, an equivalent amount of that fee in the prescribed currency according to directives given by the Assembly, and the amount in that currency shall be transferred by the receiving Office to the International Bureau in accordance with Rule 96.2 ;
- (ii) is not freely convertible into Swiss francs, the receiving Office shall be responsible for the conversion of the international filing fee from the prescribed currency into Swiss francs and shall transfer that fee in Swiss francs, in the amount set out in the Schedule of Fees, to the International Bureau in accordance with Rule 96.2 . Alternatively, if the receiving Office so wishes, it may convert the international filing fee from the prescribed currency into euros or US dollars and transfer the equivalent amount of that fee in euros or US dollars, as established by the Director General according to directives given by the Assembly as referred to in item (i), to the International Bureau in accordance with Rule 96.2 .
15.3 Time Limit for Payment; Amount Payable
The international filing fee shall be paid to the receiving Office within one month from the date of receipt of the international application. The amount payable shall be the amount applicable on that date of receipt.
15.4 Refund
The receiving Office shall refund the international filing fee to the applicant:
- (i) if the determination under Article 11(1) is negative,
- (ii) if, before the transmittal of the record copy to the International Bureau, the international application is withdrawn or considered withdrawn, or
- (iii) if, due to prescriptions concerning national security, the international application is not treated as such.
- International Design
- Hague Principles
- Ida Filing
- Pct
- Pct Amendments Article 19
- Pct Fees
| MPEP Section | Rules |
|---|---|
| MPEP § 1827 | |
| MPEP § 1827.01 | |
| MPEP § 2907 |