MPEP Section 1803, Reservations Under the PCT Taken by the United States of America

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1803 Reservations Under the PCT Taken by the United States of America

The United States of America had originally declared that it was not bound by Chapter II ( PCT Article 64 (1)), but withdrew that reservation on July 1, 1987.

It has also declared that, as far as the United States of America is concerned, international publication is not required ( PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has begun pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent.

The United States of America also made a reservation under PCT Article 64(4) which relates to the prior art effective date of a U.S. patent issuing from an international application. See 35 U.S.C. 102(e) and 363.

The above reservations under PCT Article 64(3) and (4) are still in effect.

The U.S. Receiving Office continues to accept applications only in English. See 35 U.S.C. 361(c). PCT Rules 20.4(c), 26.3ter(a) and 26.3ter(c) permit an international filing date to be accorded even though portions of an international application are in a language not acceptable to the Receiving Office. PCT Rules 20.4(c), 26.3ter(a) and 26.3ter(c) are not compatible with the national law applied by the United States Patent and Trademark Office (USPTO) as Receiving Office. Thus, the USPTO has taken a reservation on adherence to these Rules pursuant to PCT Rules 20.4(d), 26.3ter(b) and 26.3ter(d). As a result, PCT Rules 20.4(c), 26.3ter(a) and 26.3ter(c) shall not apply to the USPTO as Receiving Office for as long as the aforementioned incompatibility exists.

Also, PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a Designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k) shall not apply to the USPTO as Designated Office for as long as the aforementioned incompatibility exists. See the International Bureau's notice published in PCT Gazette No. 07/1992.