MPEP Chapter 1800 Index

Executive summary:

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Chapter 1800: Patent Cooperation Treaty

1800 Patent Cooperation Treaty
1801 Basic Patent Cooperation Treaty (PCT) Principles
1802 PCT Definitions
1803 Reservations Under the PCT Taken by the United States of America
1805 Where To File an International Application
1807 Agent or Common Representative and General Power of Attorney
1808 Change in or Revocation of the Appointment of an Agent or a Common Representative
1810 Filing Date Requirements
1812 Elements of the International Application
1817 PCT Member States

1817.01 Designation of States in International Applications Having an International Filing Date On or After January 1, 2004

1817.01(a) Designation of States and Precautionary Designations in International Applications Having an International Filing Date Before January 1, 2004
1817.02 Continuation or Continuation-in-Part Indication in the Request

1819 Earlier International or International-Type Search
1820 Signature of Applicant
1821 The Request
1823 The Description

1823.01 Reference to Deposited Biological Material
1823.02 Nucleotide and/or Amino Acid Sequence Listings, and Tables Related to Sequence Listings

1824 The Claims
1825 The Drawings
1826 The Abstract
1827 Fees
1828 Priority Claim and Document
1830 International Application Transmittal Letter
1832 License Request for Foreign Filing Under the PCT
1834 Correspondence

1834.01 Use of Telegraph, Teleprinter, Facsimile Machine
1834.02 Irregularities in the Mail Service

1836 Rectification of Obvious Errors
1840 The International Searching Authority

1840.01 The European Patent Office as an International Searching Authority
1840.02 The Korean Intellectual Property Office as an International Searching Authority

1842 Basic Flow Under the PCT
1843 The International Search

1843.01 Prior Art for Chapter I Processing
1843.02 Certain Subject Matter Need Not Be Searched
1843.03 No Search Required if Claims Are Unclear
1843.04 Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear
1843.05 Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority

1844 The International Search Report

1844.01 Preparing the International Search Report (Form PCT/ISA/210)

1845 Written Opinion of the International Searching Authority

1845.01 Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237)
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)

1846 Sections of the Articles, Regulations, and Administrative Instructions Under the PCT Relevant to the International Searching Authority
1847 Refund of International Search Fee
1848 Sequence Listings and Tables Related to Sequence Listings
1850 Unity of Invention Before the International Searching Authority
1851 Identification of Patent Documents
1852 International-Type Search
1853 Amendment Under PCT Article 19
1857 International Publication

1857.01 Prior Art Effect of the International Publication

1859 Withdrawal of International Application , Designations , or Priority Claims
1860 International Preliminary Examination Procedure for Applications Having an International Filing Date On or After January 1, 2004

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

1865.01 The European Patent Office as an International Preliminary Examining Authority

1866 Filling in of Headings on Chapter II Forms
1867 Preliminary Examination Fees
1868 Correction of Defects in the Demand
1869 Notification to International Bureau of Demand
1870 Priority Document and Translation Thereof
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

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

1872 Transmittal of Demand to the Examining Corps
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
1875.02 Reply to Invitation Concerning Lack of Unity of Invention

1876 Notation of Errors and Informalities by the Examiner

1876.01 Request for Rectification and Notification of Action Thereon

1877 Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination
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

1878.01 Preparation of the Written Opinion in International Applications Having an International Filing Date Before January 1, 2004

1878.01(a) Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report

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 Examina- tion Report

1878.02 Reply to the Written Opinion of the ISA or IPEA

1879 Preparation of the International Preliminary Examination Report

1879.01 Time Limit for Preparing Report in International Applications Having an International Filing Date On or After January 1, 2004

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

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)

1893.01 Commencement and Entry

1893.01(a) Entry via the U.S. Designated or Elected Office

1893.01(a)(1) Submissions Required by 30 Months from the Priority Date
1893.01(a)(2) Article 19 Amendment (Filed With the International Bureau)
1893.01(a)(3) Article 34 Amendments (Filed with the International Preliminary Examining Authority)

1893.01(c) Fees
1893.01(d) Translation
1893.01(e) Oath/Declaration
1893.02 Abandonment
1893.03 Prosecution of U.S. National Stage Applications Before the Examiner

1893.03(a) How To Identify That an Application Is a U.S. National Stage Application
1893.03(b) The Filing Date of a U.S. National Stage Application
1893.03(c) The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application
1893.03(d) Unity of Invention
1893.03(e) Documents Received from the International Bureau and Placed in a U.S. National Stage Application File

1893.03(e)(1) Title of the Invention

1893.03(f) Drawings and PCT Rule 11
1893.03(g) Information Disclosure Statement in a National Stage Application

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

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

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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