When can an applicant file a Demand for international preliminary examination?
An applicant can file a Demand for international preliminary examination after filing an international application under Chapter I of the PCT. According to MPEP 1864: “Once applicant has filed an international application under Chapter I of the PCT, applicant has the right to file a demand for preliminary examination under Chapter II of the Treaty.”…
Read MoreWhat is a Demand in the context of the Patent Cooperation Treaty (PCT)?
A Demand is a request for international preliminary examination under Chapter II of the Patent Cooperation Treaty (PCT). As stated in MPEP 1864: “The use of the term ‘Demand’ distinguishes Chapter II from the ‘Request’ under Chapter I.” The Demand allows applicants to have their international application examined and potentially obtain a positive international preliminary…
Read MoreHow does a PCT Demand differ from a PCT Request?
The PCT Demand and PCT Request are distinct processes within the Patent Cooperation Treaty. According to MPEP 1864: “The use of the term ‘Demand’ distinguishes Chapter II from the ‘Request’ under Chapter I.” Key differences include: A Request is filed under Chapter I and initiates the international application process A Demand is filed under Chapter…
Read MoreWhat form should be used to file a Demand for international preliminary examination?
To file a Demand for international preliminary examination, applicants should use Form PCT/IPEA/401. As stated in MPEP 1864: “The demand should be filed on Form PCT/IPEA/401 along with the fee calculation sheet.” The MPEP also provides information on where to obtain the form: “The form is available free of charge on WIPO’s website at www.wipo.int/pct/en/forms/index.html.”…
Read MoreWho has the right to file a demand for international preliminary examination under the PCT?
According to MPEP 1864.02, the right to file a demand for international preliminary examination is governed by PCT Article 31(2) and PCT Rule 54. The key requirements are: The applicant must be a resident or national of a Contracting State bound by Chapter II of the PCT. The international application must have been filed with…
Read MoreWhat is the deadline for filing a demand for international preliminary examination in a PCT application?
The demand for international preliminary examination is an optional step in the PCT process that can provide additional benefits to applicants. MPEP 1842 outlines the deadline for filing this demand: “A demand for international preliminary examination must be filed prior to the expiration of whichever of the following periods expires later: (A) three months from…
Read MoreWhat are the benefits of filing a Demand under PCT Chapter II?
Filing a Demand under PCT Chapter II offers several benefits to applicants. As outlined in MPEP 1864: Examination of the application Opportunity to file amendments to the description, claims, and drawings Ability to correct defects and respond to observations Address negative findings regarding novelty, inventive step, or industrial applicability Potential to obtain a positive international…
Read More