Who has the right to file a demand for international preliminary examination under the PCT?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. According to MPEP 1864.02 , the right to file a demand for international preliminary examination is governed by PCT Article 31(2) and PCT Rule 54. The key requirements are: The applicant must be a resident or national of a Contracting State bound by Chapter II of the PCT. The international application must have been filed with a receiving Office of or acting for a Contracting State bound by Chapter II. As stated in the MPEP, “ If there are two or more applicants, it is sufficient that one of them be a resident or national of a Contracting State bound by Chapter II, regardless of the elected State(s) for which each applicant is indicated. “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Demand for International Preliminary Examination After Filing PCT Application MPEP 1864 Demand for International Preliminary Examination Constitutes Election of Contracting States MPEP 1864 Required Demand for International Preliminary Examination Requires Proper Request MPEP 1864 Demand for International Preliminary Examination Must Be Filed on Specific Form MPEP 1864 Recommended Demand for International Preliminary Examination Required After Payment of Fees MPEP 1864 Required Demand Form for International Preliminary Examination Available Free of Charge MPEP 1864 Resident or National of Contracting State Required MPEP 1806 Demand Forms Required for International Preliminary Examination MPEP 1864 Single Applicant Must Be Resident/National of Contracting State MPEP 1864.02 Required International Bureau Considered to Act for Contracting State of Applicant’s Nationality or Residence When Filing International Application with International Bureau as Receiving Office Under Rule 19.1(...