PCT Rule 8 — The Abstract (MPEP Coverage Index) – BlueIron IP
PCT Rule 8 The Abstract
This page consolidates MPEP guidance interpreting PCT Rule 8, including 49 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 Abstract must adhere to specific content and form requirements set forth in PCT Rule 8, summarizing the disclosure concisely while meeting legal standards.
What this section covers
- Defines the content and form requirements for abstracts in a PCT application.
Key obligations
- Practitioners must adhere to the content and form requirements set forth in PCT Rule 8 for the abstract.
- The abstract must be concise and informative, summarizing the invention without unnecessary detail or redundancy.
- Compliance with PCT Rule 8 is necessary to ensure the abstract meets legal and procedural requirements for a PCT application.
Practice notes
- Draft the abstract to be clear and concise, avoiding unnecessary technical details that may not be relevant to all readers.
- Avoid including too much detail in the abstract, which can make it overly complex and less useful for those who need to quickly understand the invention.
Official MPEP § 8 — The Abstract
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 8 The Abstract
8.1 Contents and Form of the Abstract
- (a) The abstract shall consist of the following:
- (i) a summary of the disclosure as contained in the description, the claims, and any drawings; the summary shall indicate the technical field to which the invention pertains and shall be drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention;
- (ii) where applicable, the chemical formula which, among all the formulae contained in the international application, best characterizes the invention.
- (b) The abstract shall be as concise as the disclosure permits (preferably 50 to 150 words if it is in English or when translated into English).
- (c) The abstract shall not contain statements on the alleged merits or value of the claimed invention or on its speculative application.
- (d) Each main technical feature mentioned in the abstract and illustrated by a drawing in the international application shall be followed by a reference sign, placed between parentheses.
8.2 Figure
- (a) If the applicant fails to make the indication referred to in Rule 3.3(a)(iii) , or if the International Searching Authority finds that a figure or figures other than that figure or those figures suggested by the applicant would, among all the figures of all the drawings, better characterize the invention, it shall, subject to paragraph (b), indicate the figure or figures which should accompany the abstract when the latter is published by the International Bureau. In such case, the abstract shall be accompanied by the figure or figures so indicated by the International Searching Authority. Otherwise, the abstract shall, subject to paragraph (b), be accompanied by the figure or figures suggested by the applicant.
- (b) If the International Searching Authority finds that none of the figures of the drawings is useful for the understanding of the abstract, it shall notify the International Bureau accordingly. In such case, the abstract, when published by the International Bureau, shall not be accompanied by any figure of the drawings even where the applicant has made a suggestion under Rule 3.3(a)(iii) .
8.3 Guiding Principles in Drafting
The abstract shall be so drafted that it can efficiently serve as a scanning tool for purposes of searching in the particular art, especially by assisting the scientist, engineer or researcher in formulating an opinion on whether there is a need for consulting the international application itself.
- Design Patents
- Design Application
- Duty Of Disclosure
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- International Design
- Hague Principles
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- Pct Amendments Article 19
- Pct Description Claims
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- Pct Publication
- Pct Request
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- Signature Requirements
- Signature Practitioner
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| MPEP Section | Rules |
|---|---|
| MPEP § 1826 | |
| MPEP § 1844.01 | |
| MPEP § 2903 | |
| MPEP § 2907 | |
| MPEP § 2909 | |
| MPEP § 410 |