PCT Rule 22 — Transmittal of the Record Copy and Translation (MPEP Coverage Index) – BlueIron IP
PCT Rule 22 Transmittal of the Record Copy and Translation
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 22, including 21 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 covers how the Office decides on corrections made by the International Bureau in pending nonprovisional international design applications, ensuring compliance with US Code provisions.
What this section covers
- Defines that this section covers the effects of corrections made by the International Bureau in an international design application's record copy.
- Identifies that this section provides guidance on how the Office will decide the effects of these corrections in the International Register.
Key obligations
- Practitioners must be aware of the Office's decision on any corrections made by the International Bureau in the record copy.
- Practitioners should ensure compliance with any Office decisions regarding corrections to the International Register.
Practice notes
- Advise practitioners to review the Office's decision on any corrections made by the International Bureau and ensure that their application reflects these changes.
- Warn practitioners about potential discrepancies between the record copy and the International Register, which may require further action to align with Office decisions.
Official MPEP § 22 — Transmittal of the Record Copy and Translation
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 22 Transmittal of the Record Copy and Translation
22.1 Procedure
- (a) If the determination under Article 11(1) is positive, and unless prescriptions concerning national security prevent the international application from being treated as such, the receiving Office shall transmit the record copy to the International Bureau. Such transmittal shall be effected promptly after receipt of the international application or, if a check to preserve national security must be performed, as soon as the necessary clearance has been obtained. In any case, the receiving Office shall transmit the record copy in time for it to reach the International Bureau by the expiration of the 13th month from the priority date. If the transmittal is effected by mail, the receiving Office shall mail the record copy not later than five days prior to the expiration of the 13th month from the priority date.
- (b) If the International Bureau has received a copy of the notification under Rule 20.2(c) but is not, by the expiration of 13 months from the priority date, in possession of the record copy, it shall remind the receiving Office that it should transmit the record copy to the International Bureau promptly.
- (c) If the International Bureau has received a copy of the notification under Rule 20.2(c) but is not, by the expiration of 14 months from the priority date, in possession of the record copy, it shall notify the applicant and the receiving Office accordingly.
- (d) After the expiration of 14 months from the priority date, the applicant may request the receiving Office to certify a copy of his international application as being identical with the international application as filed and may transmit such certified copy to the International Bureau.
- (e) Any certification under paragraph (d) shall be free of
charge and may be refused only on any of the following grounds:
- (i) the copy which the receiving Office has been requested to certify is not identical with the international application as filed;
- (ii) prescriptions concerning national security prevent the international application from being treated as such;
- (iii) the receiving Office has already transmitted the record copy to the International Bureau and that Bureau has informed the receiving Office that it has received the record copy.
- (f) Unless the International Bureau has received the record copy, or until it receives the record copy, the copy certified under paragraph (e) and received by the International Bureau shall be considered to be the record copy.
- (g) If, by the expiration of the time limit applicable under Article 22 , the applicant has performed the acts referred to in that Article but the designated Office has not been informed by the International Bureau of the receipt of the record copy, the designated Office shall inform the International Bureau. If the International Bureau is not in possession of the record copy, it shall promptly notify the applicant and the receiving Office unless it has already notified them under paragraph (c).
- (h) Where the international application is to be published in the language of a translation furnished under Rule 12.3 or 12.4 , that translation shall be transmitted by the receiving Office to the International Bureau together with the record copy under paragraph (a) or, if the receiving Office has already transmitted the record copy to the International Bureau under that paragraph, promptly after receipt of the translation.
22.2 [Deleted]
22.3 Time Limit under Article 12(3)
The time limit referred to in Article 12(3) shall be three months from the date of the notification sent by the International Bureau to the applicant under Rule 22.1(c) or (g).
- International Design
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- Ida Requirements
- Ida Title Description
- International Bureau
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- Pct Amendments Article 19
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| MPEP Section | Rules |
|---|---|
| MPEP § 120 | |
| MPEP § 1801 | |
| MPEP § 1832 | |
| MPEP § 2930 |