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1800 Patent Cooperation Treaty
1800 Patent Cooperation Treaty
1801 Basic Patent Cooperation Treaty (PCT) Principles [R-6]
1802 PCT Definitions
1803 Reservations Under the PCT Taken by the United States of America [R-6]
1805 Where To File an International Application [R-6]
1807 Agent or Common Representative and General Power of Attorney [R-7]
1808 Change in or Revocation of the Appointment of an Agent or a Common Representative [R-7]
1810 Filing Date Requirements [R-6]
1812 Elements of the International Application
1817 PCT Member States [R-7]
1817.01 Designation of States in International Applications Having an International Filing Date On or After January 1, 2004 [R-5]
1817.01(a) Designation of States and Precautionary Designations in International Applications Having an International Filing Date Before January 1, 2004 [R-6]
1817.02 Continuation or Continuation-in-Part Indication in the Request [R-7]
1819 Earlier Search [R-7]
1820 Signature of Applicant [R-6]
1821 The Request [R-5]
1823 The Description [R-5]
1823.01 Reference to Deposited Biological Material [R-5]
1823.02 Nucleotide and/or Amino Acid Sequence Listings, and Tables Related to Sequence Listings [R-5]
1824 The Claims [R-6]
1825 The Drawings [R-6]
1826 The Abstract [R-6]
1827 Fees
1827.01 Refund of International Application Fees [R-6]
1828 Priority Claim and Document [R-6]
1828.01 Restoration of the Right of Priority [R-6]
1830 International Application Transmittal Letter [R-5]
1832 License Request for Foreign Filing Under the PCT
1834 Correspondence [R-3]
1834.01 Use of Telegraph, Teleprinter, Facsimile Machine [R-5]
1834.02 Irregularities in the Mail Service
1836 Rectification of Obvious Mistakes [R-6]
1840 The International Searching Authority [R-5]
1840.01 The European Patent Office as an International Searching Authority [R-5]
1840.02 The Korean Intellectual Property Office as an International Searching Authority [R-5]
1842 Basic Flow Under the PCT
1843 The International Search [R-6]
1843.01 Prior Art for Chapter I Processing [R-6]
1843.02 Certain Subject Matter Need Not Be Searched
1843.03 No Search Required if Claims Are Unclear [R-6]
1843.04 Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear [R-6]
1843.05 Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority [R-6]
1844 The International Search Report [R-6]
1844.01 Preparing the International Search Report (Form PCT/ISA/210) [R-6]
1845 Written Opinion of the International Searching Authority [R-6]
1845.01 Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) [R-7]
1845.02 Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority, or the Declaration (Form PCT/ISA/220) [R-6]
1846 Sections of the Articles, Regulations, and Administrative Instructions Under the PCT Relevant to the International Searching Authority
1848 Sequence Listings and Tables Related to Sequence Listings [R-6]
1850 Unity of Invention Before the International Searching Authority [R-7]
1851 Identification of Patent Documents [R-6]
1852 Taking Into Account Results of Earlier Search(es) [R-7]
1853 Amendment Under PCT Article 19 [R-5]
1857 International Publication [R-5]
1857.01 Prior Art Effect of the International Publication
1859 Withdrawal of International Application, Designations, or Priority Claims [R-6]
1860 International Preliminary Examination Procedure for Applications Having an International Filing Date On or After January 1, 2004 [R-6]
1860.01 International Preliminary Examination Procedure for Applications Having an International Filing Date Before January 1, 2004
1862 Agreement With the International Bureau To Serve as an International Preliminary Examining Authority
1864 The Demand and Preparation for Filing of Demand
1864.01 Amendments Filed Under PCT Article 34
1864.02 Applicant's Right To File a Demand
1864.03 States Which May Be Elected
1864.04 Agent's Right To Act
1865 Filing of Demand [R-6]
1865.01 The European Patent Office as an International Preliminary Examining Authority [R-5]
1866 Filling in of Headings on Chapter II Forms [R-5]
1867 Preliminary Examination Fees
1868 Correction of Defects in the Demand
1869 Notification to International Bureau of Demand
1870 Priority Document and Translation Thereof [R-6]
1871 Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination in International Applications Having an International Filing Date On or After January 1, 2004 [R-6]
1871.01 Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination in International Appli- cations Having an International Filing Date Before January 1, 2004 [R-6]
1872 Availability of the International Application File for International Preliminary Examination by the Examining Corps [R-6]
1874 Determination if International Preliminary Examination Is Required and Possible
1875 Unity of Invention Before the International Preliminary Examining Authority
1875.01 Preparation of Invitation Concerning Unity [R-3]
1875.02 Reply to Invitation Concerning Lack of Unity of Invention [R-3]
1876 Notation of Errors and Informalities by the Examiner [R-6]
1876.01 Request for Rectification and Notification of Action Thereon [R-6]
1877 Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination [R-3]
1878 Preparation of the Written Opinion of the International Preliminary Examining Authority in International Applications Having an International Filing Date On or After January 1, 2004 [R-6]
1878.01 Preparation of the Written Opinion in International Applications Having an International Filing Date Before January 1, 2004 [R-7]
1878.01(a) Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report [R-6]
1878.01(a)(1) Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(2) Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(3) Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.02 Reply to the Written Opinion of the ISA or IPEA [R-6]
1879 Preparation of the International Preliminary Examination Report [R-7]
1879.01 Time Limit for Preparing Report in International Applications Having an International Filing Date On or After January 1, 2004 [R-5]
1879.01(a) Time Limit for Preparing Report in International Application Having an International Filing Date Before January 1, 2004
1879.02 Transmittal of the International Preliminary Examination Report
1879.03 Translations
1879.04 Confidential Nature of the Report [R-6]
1880 Withdrawal of Demand or Election
1881 Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
1893 National Stage (U.S. National Application Filed Under 35 U.S.C. 371) [R-5]
1893.01 Commencement and Entry [R-3]
1893.01(a) Entry via the U.S. Designated or Elected Office [R-3]
1893.01(a)(1) Submissions Required by 30 Months from the Priority Date [R-5]
1893.01(a)(2) Article 19 Amendment (Filed With the International Bureau) [R-3]
1893.01(a)(3) Article 34 Amendments (Filed with the International Preliminary Examining Authority) [R-3]
1893.01(c) Fees [R-6]
1893.01(d) Translation [R-5]
1893.01(e) Oath/Declaration [R-6]
1893.02 Abandonment [R-5]
1893.03 Prosecution of U.S. National Stage Applications Before the Examiner [R-5]
1893.03(a) How To Identify That an Application Is a U.S. National Stage Application [R-5]
1893.03(b) The Filing Date of a U.S. National Stage Application [R-5]
1893.03(c) The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application [R-6]
1893.03(d) Unity of Invention [R-7]
1893.03(e) Documents Received from the International Bureau and Placed in a U.S. National Stage Application File [R-6]
1893.03(e)(1) Title of the Invention [R-5]
1893.03(f) Drawings and PCT Rule 11 [R-6]
1893.03(g) Information Disclosure Statement in a National Stage Application [R-3]
1895 A Continuation , Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States
1895.01 Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications [R-6]
1896 The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under 35 U.S.C. 371 [R-6]
1800 Patent Cooperation Treaty
INTRODUCTION
This chapter is designed to be a guide for patent examiners in searching and examining applications filed under the Patent Cooperation Treaty (PCT). Applicants desiring additional information for filing international applications should obtain a copy of the PCT Applicant's Guide from the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.
The Articles and Regulations under the PCT are reproduced in Appendix T of this Manual and the Administrative Instructions are reproduced in Appendix AI of this Manual. The text of the PCT Applicant's Guide, the monthly PCT Newsletter, the weekly PCT Gazette, downloadable PCT forms, and additional information about the processing of international applications are available from WIPO's website (www.wipo.int/pct).
PCT applications are processed by the International Application Processing Division within the U.S. Patent and Trademark Office.
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