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Manual of Patent Examining Procedure (MPEP)

Chapter T

Patent Cooperation Treaty and Regulations Under the PCT

United States Patent and Trademark Office

Article 1Establishment of a Union Article 2Definitions Article 3The International Application Article 4The Request Article 5The Description Article 6The Claims Article 7The Drawings Article 8Claiming Priority Article 9The Applicant Article 10The Receiving Office Article 11Filing Date and Effects of the International Application Article 12Transmittal of the International Application to the International Bureau and the International Searching Authority Article 13Availability of Copy of the International Application to Designated Offices Article 14Certain Defects in the International Application Article 15The International Search Article 16The International Searching Authority Article 17Procedure Before the International Searching Authority Article 18The International Search Report Article 19Amendment of the Claims Before the International Bureau Article 20Communication to Designated Offices Article 21International Publication Article 22Copy, Translation, and Fee, to Designated Offices Article 23Delaying of National Procedure Article 24Possible Loss of Effect in Designated States Article 25Review by Designated Offices Article 26Opportunity to Correct Before Designated Offices Article 27National Requirements Article 28Amendment of the Claims, the Description, and the Drawings, Before Designated Offices Article 29Effects of the International Publication Article 30Confidential Nature of the International Application Article 31Demand for International Preliminary Examination Article 32The International Preliminary Examining Authority Article 33The International Preliminary Examination Article 34Procedure Before the International Preliminary Examining Authority Article 35The International Preliminary Examination Report Article 36Transmittal, Translation, and Communication, of the International Preliminary Examination Report Article 37Withdrawal of Demand or Election Article 38Confidential Nature of the International Preliminary Examination Article 39Copy, Translation, and Fee, to Elected Offices Article 40Delaying of National Examination and Other Processing Article 41Amendment of the Claims, the Description, and the Drawings, before Elected Offices Article 42Results of National Examination in Elected Offices Article 43Seeking Certain Kinds of Protection Article 44Seeking Two Kinds of Protection Article 45Regional Patent Treaties Article 46Incorrect Translation of the International Application Article 47Time Limits Article 48Delay in Meeting Certain Time Limits Article 49Right to Practice Before International Authorities Article 50Patent Information Service Article 51Technical Assistance Article 52Relations with Other Provisions of the Treaty Article 53Assembly Article 54Executive Committee Article 55International Bureau Article 56Committee for Technical Cooperation Article 57Finances Article 58Regulations Article 59Disputes Article 60Revision of the Treaty Article 61Amendment of Certain Provisions of the Treaty Article 62Becoming Party to the Treaty Article 63Entry into Force of the Treaty Article 64Reservations Article 65Gradual Application Article 66Denunciation Article 67Signature and Languages Article 68Depositary Functions Article 69Notifications Rule 1Abbreviated Expressions Rule 2Interpretation of Certain Words Rule 3The Request (Form)Rule 4The Request (Contents)Rule 5The Description Rule 6The Claims Rule 7The Drawings Rule 8The Abstract Rule 9Expressions, Etc., Not to Be Used Rule 10Terminology and Signs Rule 11Physical Requirements of the International Application Rule 12Language of the International Application and Translations for the Purposes of International Search and International Publication Rule 12bisSubmission by the Applicant of Documents Relating to Earlier Search Rule 13Unity of Invention Rule 13bisInventions Relating to Biological Material Rule 13terNucleotide and/or Amino Acid Sequence Listings Rule 14The Transmittal Fee Rule 15The International Filing Fee Rule 16The Search Fee Rule 16bisExtension of Time Limits for Payment of Fees Rule 17The Priority Document Rule 18The Applicant Rule 19The Competent Receiving Office Rule 20International Filing Date Rule 21Preparation of Copies Rule 22Transmittal of the Record Copy and Translation Rule 23Transmittal of the Search Copy, Translation and Sequence Listing Rule 24Receipt of the Record Copy by the International Bureau Rule 25Receipt of the Search Copy by the International Searching Authority Rule 26Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application Rule 26bisCorrection or Addition of Priority Claim Rule 26terCorrection or Addition of Declarations under Rule 4.17 Rule 27Lack of Payment of Fees Rule 28Defects Noted by the International Bureau Rule 29International Applications Considered Withdrawn Rule 30Time Limit under Article 14(4)Rule 31Copies Required under Article 13 Rule 32Extension of Effects of International Application to Certain Successor States Rule 33Relevant Prior Art for the International Search Rule 34Minimum Documentation Rule 35The Competent International Searching Authority Rule 36Minimum Requirements for International Searching Authorities Rule 37Missing or Defective Title Rule 38Missing or Defective Abstract Rule 39Subject Matter under Article 17(2)(a)(i)Rule 40Lack of Unity of Invention (International Search)Rule 41Taking into Account Results of Earlier Search and Classification Rule 42Time Limit for International Search Rule 43The International Search Report Rule 43bisWritten Opinion of the International Searching Authority Rule 44Transmittal of the International Search Report, Written Opinion, Etc.Rule 44bisInternational Preliminary Report on Patentability by the International Searching Authority Rule 45Translation of the International Search Report Rule 45bisSupplementary International Searches Rule 46Amendment of Claims before the International Bureau Rule 47Communication to Designated Offices Rule 48International Publication Rule 49Copy, Translation and Fee under Article 22 Rule 49bisIndications as to Protection Sought for Purposes of National Processing Rule 49terEffect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority by Designated Office Rule 50Faculty under Article 22(3)Rule 51Review by Designated Offices Rule 51bisCertain National Requirements Allowed under Article 27 Rule 52Amendment of the Claims, the Description, and the Drawings, before Designated Offices Rule 53The Demand Rule 54The Applicant Entitled to Make a Demand Rule 54bisTime Limit for Making a Demand Rule 55Languages (International Preliminary Examination)Rule 56[Deleted]Rule 57The Handling Fee Rule 58The Preliminary Examination Fee Rule 58bisExtension of Time Limits for Payment of Fees Rule 59The Competent International Preliminary Examining Authority Rule 60Certain Defects in the Demand Rule 61Notification of the Demand and Elections Rule 62Copy of the Written Opinion by the International Searching Authority and of Amendments under Article 19 for the International Preliminary Examining Authority Rule 62bisTranslation for the International Preliminary Examining Authority of the Written Opinion of the International Searching Authority Rule 63Minimum Requirements for International Preliminary Examining Authorities Rule 64Prior Art for International Preliminary Examination Rule 65Inventive Step or Non-Obviousness Rule 66Procedure before the International Preliminary Examining Authority Rule 67Subject Matter under Article 34(4)(a)(i)Rule 68Lack of Unity of Invention (International Preliminary Examination)Rule 69Start of and Time Limit for International Preliminary Examination Rule 70International Preliminary Report on Patentability by the International Preliminary Examining Authority (International Preliminary Examination Report)Rule 71Transmittal of the International Preliminary Examination Report and Related Documents Rule 72Translation of the International Preliminary Examination Report and of the Written Opinion of the International Searching Authority Rule 73Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority Rule 74Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof Rule 75[Deleted]Rule 76Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices Rule 77Faculty under Article 39(1)(b)Rule 78Amendment of the Claims, the Description, and the Drawings, before Elected Offices Rule 79Calendar Rule 80Computation of Time Limits Rule 81Modification of Time Limits Fixed in the Treaty Rule 82Irregularities in the Mail Service Rule 82bisExcuse by the Designated or Elected State of Delays in Meeting Certain Time Limits Rule 82terRectification of Errors Made by the Receiving Office or by the International Bureau Rule 82quaterExcuse of Delay in Meeting Time Limits and Extension of Time Limits Rule 83Right to Practice before International Authorities Rule 84Expenses of Delegations Rule 85Absence of Quorum in the Assembly Rule 86The Gazette Rule 87Communication of Publications Rule 88Amendment of the Regulations Rule 89Administrative Instructions Rule 89bisFiling, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means Rule 89terCopies in Electronic Form of Documents Filed on Paper Rule 90Agents and Common Representatives Rule 90bisWithdrawals Rule 91Rectification of Obvious Mistakes in the International Application and Other Documents Rule 92Correspondence Rule 92bisRecording of Changes in Certain Indications in the Request or the Demand Rule 93Keeping of Records and Files Rule 93bisManner of Communication of Documents Rule 94Access to Files Rule 95Information and Translations from Designated and Elected Offices Rule 96The Schedule of Fees; Receipt and Transfer of Fees IndexPct Index