What restrictions apply to applicants from non-PCT member states regarding the election of Contracting States?
Applicants from non-PCT member states face significant restrictions regarding the election of Contracting States under Chapter II of the PCT. According to MPEP 1864.03: “The Assembly has taken no action to allow persons who are residents or nationals of a State not party to the PCT or not bound by Chapter II to make a…
Read MoreHow did the election process change for PCT applications filed after January 1, 2004?
The election process for PCT applications underwent a significant change for applications filed on or after January 1, 2004. According to MPEP 1864.03: “For demands filed before January 1, 2004, only those eligible states pursuant to PCT Article 31 indicated as being elected are elected. The filing of a demand shall constitute the election of…
Read MoreHow are PCT Demands with multiple applicants handled?
For PCT Demands with multiple applicants, special provisions apply. According to MPEP 1868, which cites PCT Rule 60.1(a-bis) and (a-ter): “For the purposes of Rule 53.4, if there are two or more applicants, it shall be sufficient that the indications referred to in Rule 4.5(a)(ii) and (iii) be provided in respect of one of them…
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 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 MoreWhat happens if amendments under PCT Article 34 are not in the required language?
If amendments filed under PCT Article 34 or their accompanying letters are not in the required language, the following process occurs: The International Preliminary Examining Authority (IPEA) will invite the applicant to furnish them in the correct language. The applicant will be given a reasonable time limit to provide the correct language versions. If the…
Read MoreHow do PCT Article 34 amendments affect the international preliminary examination?
How do PCT Article 34 amendments affect the international preliminary examination? PCT Article 34 amendments can significantly impact the international preliminary examination process. According to MPEP 1864.01: “Amendments to the international application that were properly made under PCT Article 34 during the international preliminary examination phase (i.e., Chapter II) are annexed to the international preliminary…
Read MoreWhat are the timing options for filing amendments under PCT Article 34?
Amendments under PCT Article 34 can be filed at several stages during the international preliminary examination process. The timing options are: At the time of filing the Demand for international preliminary examination. Within the time limit set by the International Preliminary Examining Authority (IPEA) for reply to any notification under 37 CFR 1.484(b). Within the…
Read MoreWhat are the requirements for filing amendments under PCT Article 34?
Amendments under PCT Article 34 can be filed before the International Preliminary Examining Authority (IPEA) before the international preliminary examination report is established. The key requirements are: Amendments can be filed with the demand, within the period for reply to the written opinion of the International Searching Authority (ISA), or within the period for reply…
Read More