What happens if I file an international application with the USPTO but I’m not eligible?
If you file an international application with the USPTO as the Receiving Office but you’re not eligible (i.e., you’re not a resident or national of the United States), the application may be forwarded to the International Bureau as Receiving Office. The MPEP explains:
“PCT Rule 19.4 provides for transmittal of an international application to the International Bureau as Receiving Office in certain instances. For example, when the international application is filed with the United States Receiving Office and the language in which the international application is filed is not accepted by the United States Receiving Office, or if the applicant does not have the requisite residence or nationality, the application may be forwarded to the International Bureau for processing in its capacity as a Receiving Office.”
This procedure helps to avoid the loss of a filing date in cases where the USPTO is not competent to act as the Receiving Office. However, it’s important to note that there are fees associated with this transmittal, and the International Bureau will consider the application received as of the date accorded by the USPTO.
If you’re unsure about your eligibility, it’s advisable to consult with a patent attorney or contact the USPTO directly before filing.
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