What is PCT Rule 61 and how does it relate to Demand notifications?
PCT Rule 61 is a regulation within the Patent Cooperation Treaty that governs the notification of the Demand for International Preliminary Examination. MPEP 1869 references this rule in the context of Demand notifications:
“The International Preliminary Examining Authority, pursuant to PCT Rule 61, promptly notifies the International Bureau and the applicant of the filing of any Demand.”
Key aspects of PCT Rule 61 in relation to Demand notifications:
- It mandates that the International Preliminary Examining Authority (IPEA) must promptly notify both the International Bureau and the applicant when a Demand is filed.
- This rule ensures timely communication between the IPEA, the International Bureau, and the applicant.
- It sets the stage for subsequent actions, such as the International Bureau notifying elected Offices.
PCT Rule 61 is crucial in maintaining the flow of information in the international patent application process, particularly when an applicant opts for international preliminary examination.
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