PCT Rule 26ter — Correction or Addition of Declarations under Rule (MPEP Index) – BlueIron IP
PCT Rule 26ter Correction or Addition of Declarations under Rule
This page consolidates MPEP guidance interpreting PCT Rule 26ter, including 7 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 provides detailed guidance on the process and requirements for correcting or adding declarations during the national stage entry of an international application under PCT Rule 26ter.
What this section covers
- The section outlines the specific actions and documentation needed to correct or add declarations during the national stage entry of an international application.
- It provides guidance on the necessary steps to ensure that any corrections or additions are made in compliance with PCT Rule 26ter.
Key obligations
- Practitioners must ensure that any corrections or additions to the declarations are filed in accordance with PCT Rule 26ter.
- The corrections or additions must be made before the national stage entry is deemed complete.
Practice notes
- It is crucial to file the corrections or additions promptly, as delays may affect the validity of the national stage entry.
- Practitioners should review the specific requirements and format for declarations as outlined in PCT Rule 26ter to avoid errors.
Official MPEP § 26ter — Correction or Addition of Declarations under Rule
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 26 ter Correction or Addition of Declarations under Rule 4.17
26 ter.1 Correction or Addition of Declarations
The applicant may correct or add to the request any declaration referred to in Rule 4.17 by a notice submitted to the International Bureau within a time limit of 16 months from the priority date, provided that any notice which is received by the International Bureau after the expiration of that time limit shall be considered to have been received on the last day of that time limit if it reaches it before the technical preparations for international publication have been completed.
26 ter.2 Processing of Declarations
- (a) Where the receiving Office or the International Bureau finds that any declaration referred to in Rule 4.17 is not worded as required or, in the case of the declaration of inventorship referred to in Rule 4.17(iv) , is not signed as required, the receiving Office or the International Bureau, as the case may be, may invite the applicant to correct the declaration within a time limit of 16 months from the priority date.
- (b) Where the International Bureau receives any declaration or correction under Rule 26ter.1 after the expiration of the time limit under Rule 26ter.1 , the International Bureau shall notify the applicant accordingly and shall proceed as provided for in the Administrative Instructions.
- Aia Practice
- Aia Overview
- Pct
- Pct Filing
- Pct National Stage Entry
| MPEP Section | Rules |
|---|---|
| MPEP § 1893.01(e) |