PCT AI Section 333 — Transmittal of International Application to the International — MPEP Index – BlueIron IP
PCT AI Section 333 Transmittal of International Application to the International
Source: PCT Administrative InstructionBlueIron Update:
This page consolidates MPEP guidance interpreting PCT AI Section 333, including 0 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.
Official MPEP § 333 — Transmittal of International Application to the International
Source: USPTOLast Modified: 10/30/2024 08:50:22
333 Transmittal of International Application to the International Bureau as Receiving Office
- (a) Where a national Office intends to proceed under Rule 19.4(b) having regard to Rule 19.4(a)(i) , (ii) or (ii-bis) , it shall, if it requires payment of the fee referred to in Rule 19.4(b) and that fee has not already been paid, promptly invite the applicant to pay that fee within a time limit of 15 days from the date of the invitation.
- (b) Where a national Office intends to proceed under
Rule
19.4(b)
having regard to
Rule 19.4(a)(iii)
, it shall
promptly request the International Bureau as receiving Office to agree to the
transmittal of the international application. The International Bureau as
receiving Office shall promptly respond to that request. If the International
Bureau as receiving Office agrees to the transmittal, the national Office shall
promptly invite the applicant:
- (i) if the transmittal has not already been authorized by the applicant, to submit to that Office, within a time limit of 15 days from the date of the invitation, an authorization of the transmittal, and,
- (ii) if the Office requires payment of the fee referred to in Rule 19.4(b) and that fee has not already been paid, to pay that fee within the time limit referred to in item (i).
- (c) The national Office:
- (i) need not proceed under Rule 19.4(b) having regard to Rule 19.4(a)(i) to (iii) if the Office requires payment of the fee referred to in Rule 19.4(b) and the applicant does not pay that fee;
- (ii) shall not proceed under Rule 19.4(b) having regard to Rule 19.4(a)(iii) if the International Bureau as receiving Office does not agree to, or if the applicant does not authorize, the transmittal of the international application under Rule 19.4(a)(iii) .