PCT Rule 19 — The Competent Receiving Office (MPEP Coverage Index) – BlueIron IP
PCT Rule 19 The Competent Receiving Office
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 19, including 34 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 § 19 — The Competent Receiving Office
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 19 The Competent Receiving Office
19.1 Where to File
- (a) Subject to the provisions of paragraph (b), the
international application shall be filed, at the option of the
applicant,
- (i) with the national Office of or acting for the Contracting State of which the applicant is a resident,
- (ii) with the national Office of or acting for the Contracting State of which the applicant is a national, or
- (iii) irrespective of the Contracting State of which the applicant is a resident or national, with the International Bureau.
- (b) Any Contracting State may agree with another Contracting State or any intergovernmental organization that the national Office of the latter State or the intergovernmental organization shall, for all or some purposes, act instead of the national Office of the former State as receiving Office for applicants who are residents or nationals of that former State. Notwithstanding such agreement, the national Office of the former State shall be considered the competent receiving Office for the purposes of Article 15(5) .
- (c) In connection with any decision made under Article 9(2) , the Assembly shall appoint the national Office or the intergovernmental organization which will act as receiving Office for applications of residents or nationals of States specified by the Assembly. Such appointment shall require the previous consent of the said national Office or intergovernmental organization.
19.2 Two or More Applicants
If there are two or more applicants:
- (i) the requirements of Rule 19.1 shall be considered to be met if the national Office with which the international application is filed is the national Office of or acting for a Contracting State of which at least one of the applicants is a resident or national;
- (ii) the international application may be filed with the International Bureau under Rule 19.1(a)(iii) if at least one of the applicants is a resident or national of a Contracting State.
19.3 Publication of Fact of Delegation of Duties of Receiving Office
- (a) Any agreement referred to in Rule 19.1(b) shall be promptly notified to the International Bureau by the Contracting State which delegates the duties of the receiving Office to the national Office of or acting for another Contracting State or an intergovernmental organization.
- (b) The International Bureau shall, promptly upon receipt, publish the notification in the Gazette.
19.4 Transmittal to the International Bureau as Receiving Office
- (a) Where an international application is filed with a national
Office which acts as a receiving Office under the Treaty but
- (i) that national Office is not competent under Rule 19.1 or 19.2 to receive that international application, or
- (ii) that international application is not in a language accepted under Rule 12.1(a) or the language-dependent free text contained within the sequence listing part of the description is not in a language accepted under Rule 12.1(d) by that national Office but is in a language accepted under that Rule by the International Bureau as receiving Office, or
- (ii-bis) all or part of the international application is filed in electronic form in a format not accepted by that national Office, or
- (iii) that national Office and the International Bureau agree, for any reason other than those specified under items (i), (ii) and (ii- bis), and with the authorization of the applicant, that the procedure under this Rule should apply, that international application shall, subject to paragraph (b), be considered to have been received by that Office on behalf of the International Bureau as receiving Office under Rule 19.1(a)(iii) .
- (b) Where, pursuant to paragraph (a), an international application is received by a national Office on behalf of the International Bureau as receiving Office under Rule 19.1(a)(iii) , that national Office shall, unless prescriptions concerning national security prevent the international application from being so transmitted, promptly transmit it to the International Bureau. Such transmittal may be subjected by the national Office to the payment of a fee, for its own benefit, equal to the transmittal fee charged by that Office under Rule 14 . The international application so transmitted shall be considered to have been received by the International Bureau as receiving Office under Rule 19.1(a)(iii) on the date of receipt of the international application by that national Office.
- (c) For the purposes of Rules 14.1(c) , 15.3 and 16.1(f) , where the international application was transmitted to the International Bureau under paragraph (b), the date of receipt of the international application shall be considered to be the date on which the international application was actually received by the International Bureau. For the purposes of this paragraph, the last sentence of paragraph (b) shall not apply.
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- Pct Amendments Article 19
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- Pct Filing
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1805 | |
| MPEP § 1810 | |
| MPEP § 1820 | |
| MPEP § 1828.01 | |
| MPEP § 1864.02 | |
| MPEP § 2413.01(i) |