How 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 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.”
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