How does a PCT Demand differ from a PCT Request?

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.

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 II and requests international preliminary examination
• The Request results in an international search report and written opinion
• The Demand allows for examination and the opportunity to file amendments

The MPEP clarifies: “It is not possible to file a demand unless a proper Chapter I ‘Request’ for an international application has been filed.”