PCT Rule 54 — The Applicant Entitled to Make a Demand (MPEP Coverage Index) – BlueIron IP

PCT Rule 54 The Applicant Entitled to Make a Demand

Source: Patent Cooperation Treaty (PCT)BlueIron Update:

This page consolidates MPEP guidance interpreting PCT Rule 54, including 14 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 who can request an optional international preliminary examination under PCT Rule 54, with key obligations including ensuring the applicant is a national or resident of designated or elected states and complying with PCT Article 34 amendments.

What this section covers

  • This section covers who can request an optional international preliminary examination under PCT Rule 54.

Key obligations

  • The primary requirement is for the applicant to be entitled to make a demand under PCT Rule 54.
  • Nationals and residents of the designated or elected States are entitled to make a demand under PCT Rule 54.
  • The applicant must comply with the requirements of PCT Article 34 for making a demand.

Practice notes

  • Practitioners should ensure the applicant is a national or resident of the designated or elected States before making a demand.
  • Practitioners should review PCT Article 34 amendments for any changes that may affect the demand process.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22