PCT Rule 38 — Missing or Defective Abstract (MPEP Coverage Index) – BlueIron IP
PCT Rule 38 Missing or Defective Abstract
This page consolidates MPEP guidance interpreting PCT Rule 38, including 11 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 process when a receiving Office finds an abstract missing or defective in PCT filings, requiring it to invite the applicant to furnish an abstract within a fixed time limit.
What this section covers
- Defines the process for handling missing or defective abstracts in PCT filings by requiring receiving offices to invite applicants to provide an abstract within a specified timeframe.
Key obligations
- Receiving Office must invite the applicant to furnish an abstract within a time limit fixed in the invitation.
- Provides guidance on how to correct defective abstracts if not provided by the applicant.
- Ensures compliance with this requirement is necessary under the Patent Cooperation Treaty (PCT).
Practice notes
- Ensure the abstract is included in the initial filing to avoid delays and additional costs.
- Failing to respond promptly to the receiving Office's invitation can result in the application being deemed abandoned.
Official MPEP § 38 — Missing or Defective Abstract
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 38 Missing or Defective Abstract
38.1 Lack of Abstract
If the international application does not contain an abstract and the receiving Office has notified the International Searching Authority that it has invited the applicant to correct such defect, the International Searching Authority shall proceed with the international search unless and until it receives notification that the said application is considered withdrawn.
38.2 Establishment of Abstract
If the international application does not contain an abstract and the International Searching Authority has not received a notification from the receiving Office to the effect that the applicant has been invited to furnish an abstract, or if the said Authority finds that the abstract does not comply with Rule 8 , it shall itself establish an abstract. Such abstract shall be established in the language in which the international application is to be published or, if a translation into another language was transmitted under Rule 23.1(b) and the International Searching Authority so wishes, in the language of that translation.
38.3 Modification of Abstract
The applicant may, until the expiration of one month from the date of mailing of the international search report, submit to the International Searching Authority:
- (i) proposed modifications of the abstract; or
- (ii) where the abstract has been established by the Authority, proposed modifications of, or comments on, that abstract, or both modifications and comments;
and the Authority shall decide whether to modify the abstract accordingly. Where the Authority modifies the abstract, it shall notify the modification to the International Bureau.
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- Pct Amendments Article 19
- Pct Filing
- Pct International Search
- Pct Request
| MPEP Section | Rules |
|---|---|
| MPEP § 1826 | |
| MPEP § 1844.01 |