What are the responsibilities of the Director of International Patent Legal Administration regarding PCT applications?

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.

The Director of International Patent Legal Administration has several responsibilities regarding PCT (Patent Cooperation Treaty) applications, including:

  • Deciding petitions to withdraw the Notice of Acceptance and the Notice of Withdrawal for international applications
  • Deciding petitions for restoration of the right of priority under PCT Rule 26bis.3
  • Deciding petitions to excuse applicant’s failure to act within prescribed time limits in international applications

These responsibilities are outlined in MPEP 1002.02(p), which states: “The Director of International Patent Legal Administration decides petitions to withdraw the Notice of Acceptance and the Notice of Withdrawal for international applications and decides petitions for restoration of the right of priority under PCT Rule 26bis.3.”

Tags: International Patent, PCT applications, Petition Withdrawal, priority restoration