What are the benefits of filing a Demand under PCT Chapter II?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Filing a Demand under PCT Chapter II offers several benefits to applicants. As outlined in MPEP 1864:

  • Examination of the application
  • Opportunity to file amendments to the description, claims, and drawings
  • Ability to correct defects and respond to observations
  • Address negative findings regarding novelty, inventive step, or industrial applicability
  • Potential to obtain a positive international preliminary examination report

The MPEP states: “Thus, examination enables applicant to attempt to obtain a positive international preliminary examination report, which in some elected Offices is used as a basis for the issuance of a patent or acceleration programs, e.g., Patent Prosecution Highway.”

Tags: Benefits, chapter ii, demand, international preliminary examination, PCT