The Patent Cooperation Treaty (PCT) enables the U.S. applicant to\n \t\t\t\tfile one application, “an international application,” in a standardized format in\n \t\t\t\tEnglish in the U.S. Receiving Office (the U.S. Patent and Trademark Office), and\n \t\t\t\thave that application acknowledged as a regular national or regional filing in as\n \t\t\t\tmany Contracting States to the PCT as the applicant “designates,” i.e., names, as\n \t\t\t\tcountries or regions in which patent protection is desired. The filing of an\n \t\t\t\tinternational application will automatically constitute the designation of all\n \t\t\t\tcontracting countries to the PCT on that filing date. In the same manner, the PCT\n \t\t\t\tenables foreign applicants to file a PCT international application, designating the\n \t\t\t\tUnited States of America, in their home language in their home patent office and\n \t\t\t\thave the application acknowledged as a regular U.S. national filing. The PCT also\n \t\t\t\tprovides for the establishment of an international search report and written opinion\n \t\t\t\tat 16 months from the priority date and publication of the international application\n \t\t\t\tafter 18 months from the priority date. Upon payment of national fees and the\n \t\t\t\tfurnishing of any required translation, usually 30 months after the filing of any\n \t\t\t\tpriority application for the invention, or the international filing date if no\n \t\t\t\tpriority is claimed, the application will be subjected to national procedures for\n \t\t\t\tgranting of patents in each of the designated countries. For any countries remaining\n \t\t\t\twhose national laws are not compatible with the 30 month period set forth in\n \t\t\t\t\tPCT Article\n \t\t\t\t\t22(1), the filing of a demand for an international\n \t\t\t\tpreliminary examination electing such countries within 19 months from the priority\n \t\t\t\tdate will result in an extension of the period for entering the national stage to 30\n \t\t\t\tmonths from the priority date. An up-to-date list of such countries may be found on\n \t\t\t\tWIPO’s website (www.wipo.int/ pct/en/texts/reservations/res_incomp.html). See\n \t\t\t\talso subsection V. below. A brief description of the basic flow under the PCT is\n \t\t\t\tprovided in MPEP §\n \t\t\t\t\t1842. \n
","rendered_text_plain":"The Patent Cooperation Treaty (PCT) enables the U.S. applicant to file one application, “an international application,” in a standardized format in English in the U.S. Receiving Office (the U.S. Patent and Trademark Office), and have that application acknowledged as a regular national or regional filing in as many Contracting States to the PCT as the applicant “designates,” i.e., names, as countries or regions in which patent protection is desired. The filing of an international application will automatically constitute the designation of all contracting countries to the PCT on that filing date. In the same manner, the PCT enables foreign applicants to file a PCT international application, designating the United States of America, in their home language in their home patent office and have the application acknowledged as a regular U.S. national filing. The PCT also provides for the establishment of an international search report and written opinion at 16 months from the priority date and publication of the international application after 18 months from the priority date. Upon payment of national fees and the furnishing of any required translation, usually 30 months after the filing of any priority application for the invention, or the international filing date if no priority is claimed, the application will be subjected to national procedures for granting of patents in each of the designated countries. For any countries remaining whose national laws are not compatible with the 30 month period set forth in PCT Article 22(1), the filing of a demand for an international preliminary examination electing such countries within 19 months from the priority date will result in an extension of the period for entering the national stage to 30 months from the priority date. An up-to-date list of such countries may be found on WIPO’s website (www.wipo.int/ pct/en/texts/reservations/res_incomp.html). See also subsection V. below. A brief description of the basic flow under the PCT is provided in MPEP § 1842.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163790","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_hmzqyzdy","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_hmzqyzdy","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The PCT offers an alternative route to filing patent applications\n \t\t\t\tdirectly in the patent offices of those countries which are Contracting States of\n \t\t\t\tthe PCT. It does not preclude taking advantage of the priority rights and other\n \t\t\t\tadvantages provided under the Paris Convention and the WTO administered Agreement on\n \t\t\t\tTrade-Related Aspects of Intellectual Property (TRIPS Agreement). The PCT provides\n \t\t\t\tan additional and optional foreign filing route to patent applicants.\n
","rendered_text_plain":"The PCT offers an alternative route to filing patent applications directly in the patent offices of those countries which are Contracting States of the PCT. It does not preclude taking advantage of the priority rights and other advantages provided under the Paris Convention and the WTO administered Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement). The PCT provides an additional and optional foreign filing route to patent applicants.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163799","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_ws6t3jqf","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_ws6t3jqf","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The filing, search and publication procedures are provided for in\n \t\t\t\tChapter I of the PCT. Additional procedures for a preliminary examination of PCT\n \t\t\t\tinternational applications are provided for in optional PCT Chapter II.\n
","rendered_text_plain":"The filing, search and publication procedures are provided for in Chapter I of the PCT. Additional procedures for a preliminary examination of PCT international applications are provided for in optional PCT Chapter II.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163802","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_qbvemc64","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_qbvemc64","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"In most instances, a national U.S. application is filed first. An\n \t\t\t\tinternational application for the same subject matter will then be filed\n \t\t\t\tsubsequently within the priority year provided by the Paris Convention and the\n \t\t\t\tpriority benefit of the U.S. national application filing date will be claimed.\n
","rendered_text_plain":"In most instances, a national U.S. application is filed first. An international application for the same subject matter will then be filed subsequently within the priority year provided by the Paris Convention and the priority benefit of the U.S. national application filing date will be claimed.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163805","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_pvwmmn63","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_pvwmmn63","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The international application (IA) must be filed in the prescribed\n \t\t\t\treceiving Office (RO)(PCT Article 10). The United\n \t\t\t\tStates Patent and Trademark Office will act as a receiving Office for United States\n \t\t\t\tresidents and nationals (35 U.S.C. 361(a)). Under\n \t\t\t\t\tPCT Rule\n \t\t\t\t\t19.1(a)(iii), the International Bureau of the World\n \t\t\t\tIntellectual Property Organization will also act as a Receiving Office for U.S.\n \t\t\t\tresidents and nationals. The receiving Office functions as the filing and\n \t\t\t\tformalities review organization for international applications. International\n \t\t\t\tapplications must contain upon filing the designation of at least one Contracting\n \t\t\t\tState in which patent protection is desired and must meet certain standards for\n \t\t\t\tcompleteness and formality (PCT Articles 11(1) and\n \t\t\t\t\t14(1)). \n
","rendered_text_plain":"The international application (IA) must be filed in the prescribed receiving Office (RO)(PCT Article 10). The United States Patent and Trademark Office will act as a receiving Office for United States residents and nationals (35 U.S.C. 361(a)). Under PCT Rule 19.1(a)(iii), the International Bureau of the World Intellectual Property Organization will also act as a Receiving Office for U.S. residents and nationals. The receiving Office functions as the filing and formalities review organization for international applications. International applications must contain upon filing the designation of at least one Contracting State in which patent protection is desired and must meet certain standards for completeness and formality (PCT Articles 11(1) and 14(1)).","provenance":{"source_file":"s1801.html","source_anchor":"d0e163812","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_kmsmt7y2","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_kmsmt7y2","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"Where a priority claim is made, the date of the earliest-filed\n \t\t\t\tapplication whose priority is claimed is used as the date for determining the timing\n \t\t\t\tof international processing, including the various transmittals, the payment of\n \t\t\t\tcertain international and national fees, and publication of the application. Where\n \t\t\t\tno priority claim is made, the international filing date will be considered to be\n \t\t\t\tthe “priority date” for timing purposes (PCT Article 2(xi)). \n
","rendered_text_plain":"Where a priority claim is made, the date of the earliest-filed application whose priority is claimed is used as the date for determining the timing of international processing, including the various transmittals, the payment of certain international and national fees, and publication of the application. Where no priority claim is made, the international filing date will be considered to be the “priority date” for timing purposes (PCT Article 2(xi)).","provenance":{"source_file":"s1801.html","source_anchor":"d0e163830","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_rt55skxl","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_rt55skxl","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The international application is subject to the payment of certain\n \t\t\t\tfees within 1 month from the date of receipt. See PCT Rules\n \t\t\t\t\t14.1(c), 15.3, and 16.1(f). The\n \t\t\t\treceiving Office will grant an international filing date to the application, collect\n \t\t\t\tfees, handle informalities by direct communication with the applicant, and monitor\n \t\t\t\tall corrections (35 U.S.C. 361(d)). By 13 months from the priority date, the\n \t\t\t\treceiving Office should prepare and transmit a copy of the international\n \t\t\t\tapplication, called the search copy (SC), to the International Searching Authority\n \t\t\t\t(ISA); and forward the original, called the record copy (RC), to the International\n \t\t\t\tBureau (IB) (PCT\n \t\t\t\t\tRules 22.1 and 23). A second copy of the\n \t\t\t\tinternational application, the home copy (HC), remains in the receiving Office\n \t\t\t\t\t(PCT Article\n \t\t\t\t\t12(1)). Once the receiving Office has transmitted copies of\n \t\t\t\tthe application, the International Searching Authority becomes the focus of\n \t\t\t\tinternational processing. \n
","rendered_text_plain":"The international application is subject to the payment of certain fees within 1 month from the date of receipt. See PCT Rules 14.1(c), 15.3, and 16.1(f). The receiving Office will grant an international filing date to the application, collect fees, handle informalities by direct communication with the applicant, and monitor all corrections (35 U.S.C. 361(d)). By 13 months from the priority date, the receiving Office should prepare and transmit a copy of the international application, called the search copy (SC), to the International Searching Authority (ISA); and forward the original, called the record copy (RC), to the International Bureau (IB) (PCT Rules 22.1 and 23). A second copy of the international application, the home copy (HC), remains in the receiving Office (PCT Article 12(1)). Once the receiving Office has transmitted copies of the application, the International Searching Authority becomes the focus of international processing.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163836","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_mslr5wbg","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_mslr5wbg","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The basic functions of the International Searching Authority (ISA)\n \t\t\t\tare to conduct a prior art search of inventions claimed in international\n \t\t\t\tapplications (it does this by searching in at least the minimum documentation\n \t\t\t\tdefined by the Treaty (PCT Articles 15 and\n \t\t\t\t\t16 and PCT Rule 34)) and to issue a\n \t\t\t\twritten opinion (PCT Rule 43bis) which will normally be considered to be the first written\n \t\t\t\topinion of the International Preliminary Examining Authority where international\n \t\t\t\tpreliminary examination is demanded. See PCT Rule\n \t\t\t\t\t66.1bis.\n
","rendered_text_plain":"The basic functions of the International Searching Authority (ISA) are to conduct a prior art search of inventions claimed in international applications (it does this by searching in at least the minimum documentation defined by the Treaty (PCT Articles 15 and 16 and PCT Rule 34)) and to issue a written opinion (PCT Rule 43bis) which will normally be considered to be the first written opinion of the International Preliminary Examining Authority where international preliminary examination is demanded. See PCT Rule 66.1bis.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163855","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_gj64jtrf","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_gj64jtrf","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"For most applications filed with the United States Receiving\n \t\t\t\tOffice, the applicant may choose (in the Request form) the U.S. Patent and Trademark\n \t\t\t\tOffice, the European Patent Office, the Korean Intellectual Property Office, the\n \t\t\t\tAustralian Patent Office (IP Australia), the Israel Patent Office (ILPO), the Japan\n \t\t\t\tPatent Office (JPO), or the Intellectual Property Office of Singapore (IPOS) to act\n \t\t\t\tas the International Searching Authority. However, IP Australia and JPO may not be\n \t\t\t\tcompetent to act as an International Searching Authority for certain applications\n \t\t\t\tfiled by nationals or residents of the United States. See MPEP §§ 1840.01\n \t\t\t\t- 1840.07. The International Searching Authority is also\n \t\t\t\tresponsible for checking the content of the title and abstract (PCT Rules\n \t\t\t\t\t37.2 and 38.2). \n
","rendered_text_plain":"For most applications filed with the United States Receiving Office, the applicant may choose (in the Request form) the U.S. Patent and Trademark Office, the European Patent Office, the Korean Intellectual Property Office, the Australian Patent Office (IP Australia), the Israel Patent Office (ILPO), the Japan Patent Office (JPO), or the Intellectual Property Office of Singapore (IPOS) to act as the International Searching Authority. However, IP Australia and JPO may not be competent to act as an International Searching Authority for certain applications filed by nationals or residents of the United States. See MPEP §§ 1840.01 - 1840.07. The International Searching Authority is also responsible for checking the content of the title and abstract (PCT Rules 37.2 and 38.2).","provenance":{"source_file":"s1801.html","source_anchor":"d0e163877","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_a26ypnbj","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_a26ypnbj","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"An international search report (ISR) and written opinion will\n \t\t\t\tnormally be issued by the International Searching Authority within 3 months from the\n \t\t\t\treceipt of the search copy (usually about 16 months after the priority date)\n \t\t\t\t\t(PCT Rule\n \t\t\t\t\t42). Copies of the international search report and prior art\n \t\t\t\tcited will be made available to the applicant by the ISA (PCT Rules 43\n \t\t\t\tand 44.1). The international search report will contain a\n \t\t\t\tlisting of documents found to be relevant and will identify the claims in the\n \t\t\t\tapplication to which they are pertinent. The written opinion indicates whether each\n \t\t\t\tclaim appears to satisfy the PCT Article 33 criteria of\n \t\t\t\t“novelty,” “inventive step,” and “industrial applicability.” The written opinion may\n \t\t\t\talso indicate defects in the form or content of the international application under\n \t\t\t\tthe PCT articles and regulations, as well as any observations the ISA wishes to make\n \t\t\t\ton the clarity of the claims, the description, and the drawings, or on the question\n \t\t\t\tof whether the claims are fully supported by the description. \n
","rendered_text_plain":"An international search report (ISR) and written opinion will normally be issued by the International Searching Authority within 3 months from the receipt of the search copy (usually about 16 months after the priority date) (PCT Rule 42). Copies of the international search report and prior art cited will be made available to the applicant by the ISA (PCT Rules 43 and 44.1). The international search report will contain a listing of documents found to be relevant and will identify the claims in the application to which they are pertinent. The written opinion indicates whether each claim appears to satisfy the PCT Article 33 criteria of “novelty,” “inventive step,” and “industrial applicability.” The written opinion may also indicate defects in the form or content of the international application under the PCT articles and regulations, as well as any observations the ISA wishes to make on the clarity of the claims, the description, and the drawings, or on the question of whether the claims are fully supported by the description.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163900","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_dyss3sym","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_dyss3sym","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"Once the international search report and written opinion are\n \t\t\t\testablished, the ISA transmits one copy of each to the applicant and the\n \t\t\t\tInternational Bureau, and international processing continues before the\n \t\t\t\tInternational Bureau. If a Demand for Chapter II examination is not timely filed,\n \t\t\t\tthe International Bureau communicates a copy of the written opinion established by\n \t\t\t\tthe ISA (retitled International Preliminary Report on Patentability (Chapter I of\n \t\t\t\tthe PCT)) to each designated Office after the expiration of 30 months from the\n \t\t\t\tpriority date. \n
","rendered_text_plain":"Once the international search report and written opinion are established, the ISA transmits one copy of each to the applicant and the International Bureau, and international processing continues before the International Bureau. If a Demand for Chapter II examination is not timely filed, the International Bureau communicates a copy of the written opinion established by the ISA (retitled International Preliminary Report on Patentability (Chapter I of the PCT)) to each designated Office after the expiration of 30 months from the priority date.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163915","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_ygll64cc","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_ygll64cc","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The basic functions of the International Bureau (IB) are to maintain\n \t\t\t\tthe master file of all international applications and to act as the publisher and\n \t\t\t\tcentral coordinating body under the Treaty. The World Intellectual Property\n \t\t\t\tOrganization (WIPO) in Geneva, Switzerland performs the duties of the International\n \t\t\t\tBureau.\n
","rendered_text_plain":"The basic functions of the International Bureau (IB) are to maintain the master file of all international applications and to act as the publisher and central coordinating body under the Treaty. The World Intellectual Property Organization (WIPO) in Geneva, Switzerland performs the duties of the International Bureau.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163922","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_xzo4tuf3","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_xzo4tuf3","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"If the applicant has not filed a certified copy of the priority\n \t\t\t\tdocument in the receiving Office with the international application, requested upon\n \t\t\t\tfiling that the receiving Office prepare and transmit to the International Bureau a\n \t\t\t\tcopy of the prior U.S. national application, the priority of which is claimed, or\n \t\t\t\trequested the International Bureau to obtain a copy of the earlier application from\n \t\t\t\ta digital library, the applicant must submit such a document directly to the\n \t\t\t\tInternational Bureau or the receiving Office not later than 16 months after the\n \t\t\t\tpriority date (PCT\n \t\t\t\t\tRule 17). The request (Form PCT/RO/101) contains a box which\n \t\t\t\tcan be checked requesting the receiving Office to prepare and transmit a copy of a\n \t\t\t\tprior application. This is only possible, of course, if the receiving Office is a\n \t\t\t\tpart of the same national Office where the priority application was filed. The\n \t\t\t\trequest (Form PCT/RO/101) also contains a box which can be checked requesting the\n \t\t\t\tInternational Bureau to obtain a copy of the earlier application from a digital\n \t\t\t\tlibrary. This is only possible if the application is registered in a digital\n \t\t\t\tlibrary, made available to the International Bureau within the prescribed time\n \t\t\t\tlimit, as set forth in PCT Rule\n \t\t\t\t\t17.1(b-bis), and the access code is\n \t\t\t\tfurnished to the International Bureau.\n
","rendered_text_plain":"If the applicant has not filed a certified copy of the priority document in the receiving Office with the international application, requested upon filing that the receiving Office prepare and transmit to the International Bureau a copy of the prior U.S. national application, the priority of which is claimed, or requested the International Bureau to obtain a copy of the earlier application from a digital library, the applicant must submit such a document directly to the International Bureau or the receiving Office not later than 16 months after the priority date (PCT Rule 17). The request (Form PCT/RO/101) contains a box which can be checked requesting the receiving Office to prepare and transmit a copy of a prior application. This is only possible, of course, if the receiving Office is a part of the same national Office where the priority application was filed. The request (Form PCT/RO/101) also contains a box which can be checked requesting the International Bureau to obtain a copy of the earlier application from a digital library. This is only possible if the application is registered in a digital library, made available to the International Bureau within the prescribed time limit, as set forth in PCT Rule 17.1(b-bis), and the access code is furnished to the International Bureau.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163925","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_i6vtevmw","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_i6vtevmw","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The applicant has normally 2 months from the date of transmittal of\n \t\t\t\tthe international search report to amend the claims by filing an amendment and may\n \t\t\t\tfile a brief statement explaining the amendment directly with the International\n \t\t\t\tBureau (PCT\n \t\t\t\t\tArticle 19 and PCT Rule 46). The International\n \t\t\t\tBureau will then normally publish the international application along with the\n \t\t\t\tsearch report and any amended claims at the expiration of 18 months from the\n \t\t\t\tpriority date (PCT\n \t\t\t\t\tArticle 21). For applications filed before July 1, 2014,\n \t\t\t\tformer PCT Rule 44ter provided that the written opinion of the\n \t\t\t\tISA would not be made publicly available until the expiration of 30 months from the\n \t\t\t\tpriority date. For applications filed on or after July 1, 2014, the written opinion\n \t\t\t\tof the ISA and any informal comments submitted by the applicant are made available\n \t\t\t\tto the public in their original language as of the publication date. The\n \t\t\t\tinternational publication includes a front page containing bibliographical data, the\n \t\t\t\tabstract, and a figure of the drawing (PCT Rule 48). The publication\n \t\t\t\talso contains the search report and any amendments to the claims submitted by the\n \t\t\t\tapplicant. If the application is published in a language other than English, the\n \t\t\t\tsearch report and abstract are also published in English. The International Bureau\n \t\t\t\tpublishes a PCT Gazette in the French and English languages which\n \t\t\t\tcontains information similar to that on the front pages of published international\n \t\t\t\tapplications, as well as various indexes and announcements (PCT Rule 86).\n \t\t\t\tThe International Bureau also communicates copies of the publication of the\n \t\t\t\tinternational application to all designated Offices that have requested to receive\n \t\t\t\tthe publication (PCT Article 20, PCT Rule 47, and\n \t\t\t\t\tPCT Rule\n \t\t\t\t\t\t93bis.1).\n
","rendered_text_plain":"The applicant has normally 2 months from the date of transmittal of the international search report to amend the claims by filing an amendment and may file a brief statement explaining the amendment directly with the International Bureau (PCT Article 19 and PCT Rule 46). The International Bureau will then normally publish the international application along with the search report and any amended claims at the expiration of 18 months from the priority date (PCT Article 21). For applications filed before July 1, 2014, former PCT Rule 44ter provided that the written opinion of the ISA would not be made publicly available until the expiration of 30 months from the priority date. For applications filed on or after July 1, 2014, the written opinion of the ISA and any informal comments submitted by the applicant are made available to the public in their original language as of the publication date. The international publication includes a front page containing bibliographical data, the abstract, and a figure of the drawing (PCT Rule 48). The publication also contains the search report and any amendments to the claims submitted by the applicant. If the application is published in a language other than English, the search report and abstract are also published in English. The International Bureau publishes a PCT Gazette in the French and English languages which contains information similar to that on the front pages of published international applications, as well as various indexes and announcements (PCT Rule 86). The International Bureau also communicates copies of the publication of the international application to all designated Offices that have requested to receive the publication (PCT Article 20, PCT Rule 47, and PCT Rule 93bis.1).","provenance":{"source_file":"s1801.html","source_anchor":"d0e163931","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_g5qo2jya","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_g5qo2jya","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The designated Office is the national Office (for example, the\n \t\t\t\tUSPTO) acting for the state or region designated under Chapter I. Similarly, the\n \t\t\t\telected Office is the national Office acting for the state or region elected under\n \t\t\t\tChapter II.\n
","rendered_text_plain":"The designated Office is the national Office (for example, the USPTO) acting for the state or region designated under Chapter I. Similarly, the elected Office is the national Office acting for the state or region elected under Chapter II.","provenance":{"source_file":"s1801.html","source_anchor":"d0e163973","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_zxfotzfg","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_zxfotzfg","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"PCT Article\n \t\t\t\t\t22(1) was amended, effective April 1, 2002, to specify that a\n \t\t\t\tcopy of the international application, a translation thereof (as prescribed), and\n \t\t\t\tthe national fee are due to the designated Office not later than at the expiration\n \t\t\t\tof 30 months from the priority date. Accordingly, the time period for filing the\n \t\t\t\tcopy of the international application, the translation, and the fee under\n \t\t\t\t\tPCT Article\n \t\t\t\t\t22 is the same as the 30 month time period set forth in\n \t\t\t\t\tPCT Article\n \t\t\t\t\t39. The USPTO has adopted the 30 month time limit set forth\n \t\t\t\tin PCT Article\n \t\t\t\t\t22(1). Most Contracting States have changed their national\n \t\t\t\tlaws for consistency with PCT Article 22(1) as amended.\n \t\t\t\tAn up-to-date listing of Contracting States that have adopted Article 22(1)\n \t\t\t\tas amended is maintained at WIPO’s website at www.wipo.int/pct/en/texts/ time_limits.html. At the time of\n \t\t\t\tpublication of this Chapter, only two countries have not adopted Article 22(1)\n \t\t\t\tas amended: Luxembourg (LU) and the United Republic of Tanzania (TZ). It is noted\n \t\t\t\tthat Luxembourg is included in the regional designation “EPO” and that the United\n \t\t\t\tRepublic of Tanzania is included in the regional designation “ARIPO.” For those two\n \t\t\t\tremaining Contracting States that have not adopted Article 22(1)\n \t\t\t\tas amended, if no “Demand” for international preliminary examination has been filed\n \t\t\t\twithin 19 months of the priority date, the applicant may be required to complete the\n \t\t\t\trequirements for entering the national stage within 20 months from the priority date\n \t\t\t\tof the international application in the national offices of those states. When\n \t\t\t\tentering the national stage following Chapter I or Chapter II, the applicant has the\n \t\t\t\tright to amend the application within the time limit set forth in PCT Rule 52.1\n \t\t\t\tor PCT Rule\n \t\t\t\t\t78.1, respectively. After this time limit has expired\n \t\t\t\t\t(PCT Article\n \t\t\t\t\t28 or PCT Article 41 and\n \t\t\t\t\tPCT Rule\n \t\t\t\t\t52 or PCT Rule 78), each\n \t\t\t\tdesignated/elected Office will make its own determination as to the patentability of\n \t\t\t\tthe application based upon its own specific national or regional laws\n \t\t\t\t\t(PCT Article\n \t\t\t\t\t27(5)). \n
","rendered_text_plain":"PCT Article 22(1) was amended, effective April 1, 2002, to specify that a copy of the international application, a translation thereof (as prescribed), and the national fee are due to the designated Office not later than at the expiration of 30 months from the priority date. Accordingly, the time period for filing the copy of the international application, the translation, and the fee under PCT Article 22 is the same as the 30 month time period set forth in PCT Article 39. The USPTO has adopted the 30 month time limit set forth in PCT Article 22(1). Most Contracting States have changed their national laws for consistency with PCT Article 22(1) as amended. An up-to-date listing of Contracting States that have adopted Article 22(1) as amended is maintained at WIPO’s website at www.wipo.int/pct/en/texts/ time_limits.html. At the time of publication of this Chapter, only two countries have not adopted Article 22(1) as amended: Luxembourg (LU) and the United Republic of Tanzania (TZ). It is noted that Luxembourg is included in the regional designation “EPO” and that the United Republic of Tanzania is included in the regional designation “ARIPO.” For those two remaining Contracting States that have not adopted Article 22(1) as amended, if no “Demand” for international preliminary examination has been filed within 19 months of the priority date, the applicant may be required to complete the requirements for entering the national stage within 20 months from the priority date of the international application in the national offices of those states. When entering the national stage following Chapter I or Chapter II, the applicant has the right to amend the application within the time limit set forth in PCT Rule 52.1 or PCT Rule 78.1, respectively. After this time limit has expired (PCT Article 28 or PCT Article 41 and PCT Rule 52 or PCT Rule 78), each designated/elected Office will make its own determination as to the patentability of the application based upon its own specific national or regional laws (PCT Article 27(5)).","provenance":{"source_file":"s1801.html","source_anchor":"d0e163976","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_dh3d4jam","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_dh3d4jam","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"If the applicant desires to obtain the benefit of delaying the\n \t\t\t\tentry into the national stage until 30 months from the priority date in one or more\n \t\t\t\tcountries where the 30 month time limit set forth in PCT Article\n \t\t\t\t\t22(1) as amended does not apply, a Demand for international\n \t\t\t\tpreliminary examination must be filed with an appropriate International Preliminary\n \t\t\t\tExamining Authority (IPEA) within 19 months of the priority date.\n
","rendered_text_plain":"If the applicant desires to obtain the benefit of delaying the entry into the national stage until 30 months from the priority date in one or more countries where the 30 month time limit set forth in PCT Article 22(1) as amended does not apply, a Demand for international preliminary examination must be filed with an appropriate International Preliminary Examining Authority (IPEA) within 19 months of the priority date.","provenance":{"source_file":"s1801.html","source_anchor":"d0e164012","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_hjnbdxt4","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_hjnbdxt4","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"Those states in which the Chapter II procedure is\n \t\t\t\tdesired must be “elected” in the Demand.\n
","rendered_text_plain":"Those states in which the Chapter II procedure is desired must be “elected” in the Demand.","provenance":{"source_file":"s1801.html","source_anchor":"ch1800_d24d13_207b3_347","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_mh4ivtfr","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_mh4ivtfr","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"PCT Rule\n \t\t\t\t\t\t54bis.1 requires the Demand to be made\n \t\t\t\tprior to the expiration of whichever of the following periods expires later:\n
","rendered_text_plain":"PCT Rule 54bis.1 requires the Demand to be made prior to the expiration of whichever of the following periods expires later:","provenance":{"source_file":"s1801.html","source_anchor":"ch1800_d24d13_207f1_184","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_ezfkqres","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_ezfkqres","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"However, applicant may desire to file the Demand by 19\n \t\t\t\tmonths from the priority date to extend the national stage entry deadline in\n \t\t\t\tLuxembourg and the United Republic of Tanzania.\n
","rendered_text_plain":"However, applicant may desire to file the Demand by 19 months from the priority date to extend the national stage entry deadline in Luxembourg and the United Republic of Tanzania.","provenance":{"source_file":"s1801.html","source_anchor":"ch1800_d24d13_1fe94_364","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_qrkpymc2","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_qrkpymc2","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The original Demand is forwarded to the International Bureau by the\n \t\t\t\tIPEA. The International Bureau then notifies the various elected Offices that the\n \t\t\t\tapplicant has entered Chapter II and sends a copy of any amendments filed under\n \t\t\t\t\tPCT Article\n \t\t\t\t\t19 and any statement explaining the amendments and the basis\n \t\t\t\tfor the amendments to the IPEA. See PCT Rule 62. The International\n \t\t\t\tBureau also sends the IPEA a copy of the written opinion established by the\n \t\t\t\tInternational Searching Authority (ISA) unless the ISA is also acting as the IPEA.\n \t\t\t\tSee PCT Rule\n \t\t\t\t\t62.1(i). \n
","rendered_text_plain":"The original Demand is forwarded to the International Bureau by the IPEA. The International Bureau then notifies the various elected Offices that the applicant has entered Chapter II and sends a copy of any amendments filed under PCT Article 19 and any statement explaining the amendments and the basis for the amendments to the IPEA. See PCT Rule 62. The International Bureau also sends the IPEA a copy of the written opinion established by the International Searching Authority (ISA) unless the ISA is also acting as the IPEA. See PCT Rule 62.1(i).","provenance":{"source_file":"s1801.html","source_anchor":"d0e164030","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_nig5mbgo","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_nig5mbgo","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The International Preliminary Examining Authority (IPEA) normally\n \t\t\t\tstarts the examination process when it is in possession of:\n
","rendered_text_plain":"The International Preliminary Examining Authority (IPEA) normally starts the examination process when it is in possession of:","provenance":{"source_file":"s1801.html","source_anchor":"d0e164046","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_rukkqg3y","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_rukkqg3y","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The IPEA shall start the international preliminary examination upon\n \t\t\t\treceipt of the above materials unless the applicant expressly requests to postpone\n \t\t\t\tthe start of the international preliminary examination until the expiration of the\n \t\t\t\tlater of three months from the transmittal of the international search report (or\n \t\t\t\tdeclaration that no international search report will be established) and written\n \t\t\t\topinion; or the expiration of 22 months from the priority date, with the exception\n \t\t\t\tof the situations provided for in PCT Rule 69.1(b) - (e).\n
","rendered_text_plain":"The IPEA shall start the international preliminary examination upon receipt of the above materials unless the applicant expressly requests to postpone the start of the international preliminary examination until the expiration of the later of three months from the transmittal of the international search report (or declaration that no international search report will be established) and written opinion; or the expiration of 22 months from the priority date, with the exception of the situations provided for in PCT Rule 69.1(b) - (e).","provenance":{"source_file":"s1801.html","source_anchor":"d0e164079","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_hqw643aj","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_hqw643aj","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The written opinion of the ISA is usually considered the first\n \t\t\t\twritten opinion of the IPEA unless the IPEA has notified the International Bureau\n \t\t\t\tthat written opinions established by specified International Searching Authorities\n \t\t\t\tshall not be considered a written opinion for this purpose. See PCT Rule\n \t\t\t\t\t\t66.1bis. Also, the IPEA may, at its\n \t\t\t\tdiscretion, issue further written opinions provided sufficient time is available.\n \t\t\t\tSee PCT Rule\n \t\t\t\t\t66.4. \n
","rendered_text_plain":"The written opinion of the ISA is usually considered the first written opinion of the IPEA unless the IPEA has notified the International Bureau that written opinions established by specified International Searching Authorities shall not be considered a written opinion for this purpose. See PCT Rule 66.1bis. Also, the IPEA may, at its discretion, issue further written opinions provided sufficient time is available. See PCT Rule 66.4.","provenance":{"source_file":"s1801.html","source_anchor":"d0e164085","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_cxywxues","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_cxywxues","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The IPEA establishes the international preliminary examination\n \t\t\t\treport (entitled “international preliminary report on patentability”), which\n \t\t\t\tpresents the examiner’s final position as to whether each claim is “novel,” involves\n \t\t\t\t“inventive step,” and is “industrially applicable” by 28 months from the priority\n \t\t\t\tdate. A copy of the international preliminary examination report is sent to the\n \t\t\t\tapplicant and to the International Bureau. The International Bureau then\n \t\t\t\tcommunicates a copy of the international preliminary examination report to each\n \t\t\t\telected Office.\n
","rendered_text_plain":"The IPEA establishes the international preliminary examination report (entitled “international preliminary report on patentability”), which presents the examiner’s final position as to whether each claim is “novel,” involves “inventive step,” and is “industrially applicable” by 28 months from the priority date. A copy of the international preliminary examination report is sent to the applicant and to the International Bureau. The International Bureau then communicates a copy of the international preliminary examination report to each elected Office.","provenance":{"source_file":"s1801.html","source_anchor":"d0e164096","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_iyinbtmu","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_iyinbtmu","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"The applicant must complete the requirements for entering the\n \t\t\t\tnational stage by the expiration of 30 months from the priority date to avoid any\n \t\t\t\tquestion of withdrawal of the application as to that elected Office; however, some\n \t\t\t\telected Offices provide a longer period to complete the requirements.\n
","rendered_text_plain":"The applicant must complete the requirements for entering the national stage by the expiration of 30 months from the priority date to avoid any question of withdrawal of the application as to that elected Office; however, some elected Offices provide a longer period to complete the requirements.","provenance":{"source_file":"s1801.html","source_anchor":"d0e164099","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"pb_44xdn7c7","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/pb_44xdn7c7","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"A listing of all national and regional offices, and the\n \t\t\t\tcorresponding time limits for entering the national stage after PCT Chapter I and\n \t\t\t\tPCT Chapter II, may be found on WIPO’s website at: www.wipo.int/pct/en/texts/time_limits.html.\n
","rendered_text_plain":"A listing of all national and regional offices, and the corresponding time limits for entering the national stage after PCT Chapter I and PCT Chapter II, may be found on WIPO’s website at: www.wipo.int/pct/en/texts/time_limits.html.","provenance":{"source_file":"s1801.html","source_anchor":"d0e164102","source_sha256":"5f6ab6eb6d55fed9711cc0f87624f96ff3587371577c30b3619b9e9b2c905df9"},"node_type":"prose_block","kind":"narrative","host_section_id":"se_vuucfttq"},{"id":"li_lkjzynjl","corpus_id":"mpep-e9r01-2024-html","opaque_url":"https://mpep.io/n/li_lkjzynjl","effective_range":{"start_revision":"R-01.2024","end_revision":null},"rendered_text_html":"