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…
Read MoreWhat 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…
Read MoreWho is eligible to elect Contracting States under PCT Chapter II?
Eligibility to elect Contracting States under PCT Chapter II depends on the applicant’s status and the states’ participation in the treaty. According to MPEP 1864.03: Applicants referred to in PCT Article 31(2)(a) may elect any Contracting State bound by Chapter II. Applicants referred to in PCT Article 31(2)(b) may only elect Contracting States bound by…
Read MoreWhere 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…
Read MoreCan 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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