Can I file an international patent application directly with the International Bureau?
Yes, you can file an international patent application directly with the International Bureau as the Receiving Office, provided you meet certain criteria. The MPEP states:
“Any applicant who is a resident or national of a PCT Contracting State may also file their application directly with the International Bureau as receiving Office.”
This option can be particularly useful in certain situations, such as:
- When you’re filing after the expiration of the 12-month priority period but within two months of this expiration
- When you wish to request restoration of the right of priority under the “in spite of due care” standard
However, it’s crucial to note that if you’re filing from the United States, you may need a foreign filing license. The MPEP clarifies:
“An international application filed with, or forwarded to, the International Bureau must have a foreign filing license unless: (1) the invention was not made in the United States; or (2) a U.S. national application on the invention was filed at least six months prior to the filing of the international application, the U.S. national application is not subject to a secrecy order under 37 CFR 5.2, and the international application does not contain modifications, amendments, or supplements changing the general nature of the invention in a manner that would require any corresponding United States application to be or have been available for inspection under 35 U.S.C. 181.”
For more information on foreign filing licenses, refer to 37 CFR 5.11 and 5.15.
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