What is the purpose of PCT Article 3(1) in relation to international patent applications?

MPEP 1812 cites PCT Article 3(1), which establishes the fundamental principle of the Patent Cooperation Treaty regarding international applications. The article states: “Applications for the protection of inventions in any of the Contracting States may be filed as international applications under this Treaty.“ This provision serves several important purposes: It allows inventors to seek patent…

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What is the PCT and how many member states are there?

The PCT (Patent Cooperation Treaty) is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in its contracting states. The exact number of member states changes over time as new countries join. According to the MPEP, An updated list of PCT Contracting States is available from WIPO’s…

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Where can I find the most up-to-date list of PCT Contracting States?

The most current list of PCT Contracting States can be found on the World Intellectual Property Organization (WIPO) website. The MPEP Section 1817 provides direct links to these resources: An updated list of PCT Contracting States is available from WIPO’s website ( www.wipo.int/pct/guide/en/gdvol1/annexes/annexa/ax_a.pdf or www.wipo.int/pct/en/pct_contracting_states.html ). You can access the list in two formats: PDF…

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Can additional Contracting States be elected after filing the initial demand for international preliminary examination?

Yes, additional Contracting States can be elected after filing the initial demand for international preliminary examination. According to MPEP 1864.03, which cites PCT Article 31(4)(a): “Additional Contracting States may be elected later. Election may relate only to Contracting States already designated under Article 4.” This provision allows applicants to: Expand their election after the initial…

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