PCT Rule 61 — Notification of the Demand and Elections (MPEP Coverage Index) – BlueIron IP
PCT Rule 61 Notification of the Demand and Elections
This page consolidates MPEP guidance interpreting PCT Rule 61, including 2 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 PCT Rule 61 mandates the International Preliminary Examining Authority to promptly notify the International Bureau and applicant of any Demand filing.
What this section covers
- This section covers the requirement for the International Preliminary Examining Authority to promptly notify the International Bureau and applicant of any Demand filing.
Key obligations
- The primary obligation is to promptly notify the International Bureau and applicant of any Demand filing.
- Ensure timely notification to avoid delays in international patent examination procedures.
- Compliance with PCT procedures is crucial, even though this section does not directly reference USC or CFR sections.
Practice notes
- Ensure all necessary information is included in the notification to facilitate timely processing.
- Prompt and accurate notification is essential to avoid delays in international patent examination procedures.
Official MPEP § 61 — Notification of the Demand and Elections
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 61 Notification of the Demand and Elections
61.1 Notification to the International Bureau and the Applicant
- (a) The International Preliminary Examining Authority shall indicate on the demand the date of receipt or, where applicable, the date referred to in Rule 60.1(b) . The International Preliminary Examining Authority shall promptly either send the demand to the International Bureau and keep a copy in its files or send a copy to the International Bureau and keep the demand in its files.
- (b) The International Preliminary Examining Authority shall promptly notify the applicant of the date of receipt of the demand. Where the demand has been considered under Rules 54.4 , 55.2(d) , 58bis.1(b) or 60.1(c) as if it had not been submitted, the International Preliminary Examining Authority shall notify the applicant and the International Bureau accordingly.
61.2 Notification to the Elected Offices
- (a) The notification provided for in Article 31(7) shall be effected by the International Bureau.
- (b) The notification shall indicate the number and filing date of the international application, the name of the applicant, the filing date of the application whose priority is claimed (where priority is claimed) and the date of receipt by the International Preliminary Examining Authority of the demand.
- (c) The notification shall be sent to the elected Office together with the communication provided for in Article 20 . Elections effected after such communication shall be notified promptly after they have been made.
- (d) Where the applicant makes an express request to an elected Office under Article 40(2) prior to the international publication of the international application, the International Bureau shall, upon request of the applicant or the elected Office, promptly effect the communication provided for in Article 20 to that Office.
61.3 Information for the Applicant
The International Bureau shall inform the applicant in writing of the notification referred to in Rule 61.2 and of the elected Offices notified under Article 31(7) .
61.4 Publication in the Gazette
The International Bureau shall, promptly after the filing of the demand but not before the international publication of the international application, publish in the Gazette information on the demand and the elected States concerned, as provided in the Administrative Instructions.
- Pct
- Pct Amendments Article 19