PCT Rule 53 — The Demand (MPEP Coverage Index) – BlueIron IP
PCT Rule 53 The Demand
This page consolidates MPEP guidance interpreting PCT Rule 53, including 24 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
The Demand initiates the international preliminary examination process in accordance with PCT Article 34 and PCT Rule 66, involving a detailed review by an international bureau.
What this section covers
- This section covers the initiation and conduct of the international preliminary examination under PCT rules.
Key obligations
- Practitioners must file a demand for international preliminary examination with the International Bureau.
- The demand must be filed within 2 months from the date of entry into the PCT or from the date of filing a request for examination, whichever is later.
- Compliance with Article 34(2) of the PCT is required for the examination to proceed.
Practice notes
- Set an internal reminder for 2 months after entry into the PCT or filing of examination request to ensure timely demand.
- Missing the deadline for demanding international preliminary examination can lead to potential loss of rights under PCT.
Official MPEP § 53 — The Demand
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 53 The Demand
53.1 Form
- (a) The demand shall be made on a printed form or be presented as a computer print‐out. The particulars of the printed form and of a demand presented as a computer print‐out shall be prescribed by the Administrative Instructions.
- (b) Copies of printed demand forms shall be furnished free of charge by the receiving Office or by the International Preliminary Examining Authority.
53.2 Contents
- (a) The demand shall contain:
- (i) a petition,
- (ii) indications concerning the applicant and the agent if there is an agent,
- (iii) indications concerning the international application to which it relates,
- (iv) where applicable, a statement concerning amendments.
- (b) The demand shall be signed.
53.3 The Petition
The petition shall be to the following effect and shall preferably be worded as follows: “Demand under Article 31 of the Patent Cooperation Treaty: The undersigned requests that the international application specified below be the subject of international preliminary examination according to the Patent Cooperation Treaty.”
53.4 The Applicant
As to the indications concerning the applicant, Rules 4.4 and 4.16 shall apply, and Rule 4.5 shall apply mutatis mutandis.
53.5 Agent or Common Representative
If an agent or common representative is appointed, the demand shall so indicate. Rules 4.4 and 4.16 shall apply, and Rule 4.7 shall apply mutatis mutandis.
53.6 Identification of the International Application
The international application shall be identified by the name and address of the applicant, the title of the invention, the international filing date (if known to the applicant) and the international application number or, where such number is not known to the applicant, the name of the receiving Office with which the international application was filed.
53.7 Election of States
The filing of a demand shall constitute the election of all Contracting States which are designated and are bound by Chapter II of the Treaty.
53.8 Signature
The demand shall be signed by the applicant or, if there is more than one applicant, by all applicants making the demand.
53.9 Statement Concerning Amendments
- (a) If amendments under
Article 19
have been
made, the statement concerning amendments shall indicate whether, for the
purposes of the international preliminary examination, the applicant wishes
those amendments:
- (i) to be taken into account, in which case a copy of the amendments and of the letter required under Rule 46.5(b) shall preferably be submitted with the demand; or
- (ii) to be considered as reversed by an amendment under Article 34 .
- (b) If no amendments under Article 19 have been made and the time limit for filing such amendments has not expired, the statement may indicate that, should the International Preliminary Examining Authority wish to start the international preliminary examination at the same time as the international search in accordance with Rule 69.1(b) , the applicant wishes the start of the international preliminary examination to be postponed in accordance with Rule 69.1(d) .
- (c) If any amendments under Article 34 are submitted with the demand, the statement shall so indicate.
- Patent Term
-
- Pct Amendments Article 19
- Pct Filing
- Pct International Preliminary Examination
-
| MPEP Section | Rules |
|---|---|
| MPEP § 1860 | |
| MPEP § 1864 | |
| MPEP § 1864.03 | |
| MPEP § 1868 | |
| MPEP § 1879.01 |