PCT Rule 17 — The Priority Document (MPEP Coverage Index) – BlueIron IP
PCT Rule 17 The Priority Document
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 17, including 66 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 outlines the critical submission requirements for a certified copy of the priority document, emphasizing the importance of filing within 16 months from the priority date to maintain priority rights.
What this section covers
- Defines the submission requirements for a certified copy of the priority document, including direct filing with the International Bureau or Receiving Office within 16 months from the priority date.
Key obligations
- Submit a certified copy of the priority document directly to the International Bureau or Receiving Office by 16 months after the priority date.
- Request the receiving office to prepare and transmit a certified copy if not submitted directly within 16 months.
- Failure to comply may result in loss of priority rights.
Practice notes
- Ensure the certified copy is submitted within 16 months to avoid losing priority rights.
- Do not request the receiving office to prepare and transmit if it has already been filed directly.
Official MPEP § 17 — The Priority Document
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 17 The Priority Document
17.1 Obligation to Submit Copy of Earlier National or International Application
- (a) Where the priority of an earlier national or international application is claimed under Article 8 , a copy of that earlier application, certified by the authority with which it was filed (“the priority document”), shall, unless that priority document has already been filed with the receiving Office together with the international application in which the priority claim is made, and subject to paragraphs (b) and (b -bis), be submitted by the applicant to the International Bureau or to the receiving Office not later than 16 months after the priority date, provided that any copy of the said earlier application which is received by the International Bureau after the expiration of that time limit shall be considered to have been received by that Bureau on the last day of that time limit if it reaches it before the date of international publication of the international application.
- (b) Where the priority document is issued by the receiving Office, the applicant may, instead of submitting the priority document, request the receiving Office to prepare and transmit the priority document to the International Bureau. Such request shall be made not later than 16 months after the priority date and may be subjected by the receiving Office to the payment of a fee.
- (b-bis) Where the priority document is, in accordance with the Administrative Instructions, made available to the International Bureau from a digital library prior to the date of international publication of the international application, the applicant may, instead of submitting the priority document, request the International Bureau, prior to the date of international publication, to obtain the priority document from such digital library.
- (c) If the requirements of none of the three preceding paragraphs are complied with, any designated Office may, subject to paragraph (d), disregard the priority claim, provided that no designated Office shall disregard the priority claim before giving the applicant an opportunity to furnish the priority document within a time limit which shall be reasonable under the circumstances.
- (d) No designated Office shall disregard the priority claim under paragraph (c) if the earlier application referred to in paragraph (a) was filed with it in its capacity as national Office or if the priority document is, in accordance with the Administrative Instructions, available to it from a digital library.
17.2 Availability of Copies
- (a) Where the applicant has complied with Rule 17.1(a) , (b) or (b-bis) , the International Bureau shall, at the specific request of the designated Office, promptly but not prior to the international publication of the international application, furnish a copy of the priority document to that Office. No such Office shall ask the applicant himself to furnish it with a copy. The applicant shall not be required to furnish a translation to the designated Office before the expiration of the applicable time limit under Article 22 . Where the applicant makes an express request to the designated Office under Article 23(2) prior to the international publication of the international application, the International Bureau shall, at the specific request of the designated Office, furnish a copy of the priority document to that Office promptly after receiving it.
- (b) The International Bureau shall not make copies of the priority document available to the public prior to the international publication of the international application.
- (c) Where the international application has been published
under
Article 21
, the International Bureau shall furnish a
copy of the priority document to any person upon request and subject to
reimbursement of the cost unless, prior to that publication:
- (i) the international application was withdrawn,
- (ii) the relevant priority claim was withdrawn or considered, under Rule 26bis.2(b) , not to have been made.
- Access Records
- Access International
- Copies And Certificates
- Aia Practice
- Prior Art Aia
- Certified Copies
- Design Patents
- Design Application
-
- Design Expedited Examination
- Fees
- International Design
- Hague Principles
- Ida Requirements
- Ida Contents
- Patent Issuance
- Certificate Of Correction
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- Pct Amendments Article 19
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- Pct Filing
- Pct International Preliminary Examination
- Pct International Search
- Pct National Stage Entry
- Pct Request
- Priority Benefit
- Foreign Priority