What are the requirements for obtaining an international filing date under the PCT?
To obtain an international filing date under the Patent Cooperation Treaty (PCT), the following requirements must be met according to MPEP 1810 and PCT Article 11:
- The applicant must have the right to file with the receiving Office
- The application must be in the prescribed language
- The application must contain at least:
- An indication that it is intended as an international application
- The designation of at least one Contracting State
- The name of the applicant
- A part that appears to be a description
- A part that appears to be a claim or claims
As stated in the MPEP, “An international filing date is accorded to the earliest date on which the requirements under PCT Article 11(1) were satisfied.“
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