How can an applicant request early communication to an elected Office under PCT Article 40(2)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

MPEP 1881 outlines the process for an applicant to request early communication to an elected Office under PCT Article 40(2). The relevant part of MPEP 1881 states:

“Where the applicant makes an express request to an elected Office under Article 40(2) prior to the international publication of the international application, the International Bureau shall, upon request of the applicant or the elected Office, promptly effect the communication provided for in Article 20 to that Office.“

To request early communication:

• The applicant must make an express request to the elected Office under Article 40(2).
• This request must be made before the international publication of the application.
• The applicant or the elected Office should then request the International Bureau to promptly communicate the application to the elected Office.

This provision allows applicants to potentially expedite the national stage process in certain elected Offices.