MPEP 1800
Patent Cooperation Treaty

This is the Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

Chapter 1800: Patent Cooperation Treaty

1801: Basic Patent Cooperation Treaty (PCT) Principles

1802: PCT Definitions

1803: Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America

1804: Reserved

1805: Where To File an International Application

1806: Applicants and Inventors

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

1809: Private PAIR Access

1810: Filing Date Requirements

1811: Reserved

1812: Elements of the International Application

1813: Reserved

1817: PCT Member States

1818: Reserved

1819: Earlier Search

1820: Signature of Applicant

1821: The Request

1822: Reserved

1823: The Description

1823.01: Reference to Deposited Biological Material

1823.02: Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications

1824: The Claims

1825: The Drawings

1826: The Abstract

1827: Fees

1827.01: Refund of International Application Fees

1828: Priority Claim and Document

1828.01: Restoration of the Right of Priority

1828.02: Continuation or Continuation-in-Part Indication in the Request

1829: Reserved

1830: International Application Transmittal Letter

1831: Reserved

1832: License Request for Foreign Filing Under the PCT

1833: Reserved

1834: Correspondence

1834.01: Filing of Correspondence by Facsimile

1834.02: Irregularities in the Mail or Electronic Communications Service

1835: Reserved

1836: Rectification of Obvious Mistakes

1837: Reserved

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

1840.03: The Australian Patent Office (IP Australia) as an International Searching Authority

1840.04: The Federal Service for Intellectual Property (Rospatent) (Russian Federation) as an International Searching Authority

1840.05: The Israel Patent Office (ILPO) as an International Searching Authority

1840.06: The Japan Patent Office (JPO) as an International Searching Authority

1840.07: The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority

1841: Reserved

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: Reserved

1848: Sequence Listings

1849: Reserved

1850: Unity of Invention Before the International Searching Authority

1851: Identification of Patent Documents

1852: Taking Into Account Results of Earlier Search(es)

1853: Amendment Under PCT Article 19

1854: Reserved

1856: Supplementary International Searches

1857: International Publication

1858: Reserved

1859: Withdrawal of International Application, Designations, or Priority Claims

1860: International Preliminary Examination Procedure

1861: Reserved

1862: Agreement With the International Bureau To Serve as an International Preliminary Examining Authority

1863: Reserved

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

1866: Reserved

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

1872: Availability of the International Application File for International Preliminary Examination by the Examining Corps

1873: Reserved

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

1878.01: Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report

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 Examination 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

1879.02: Transmittal of the International Preliminary Examination Report and Related Documents

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

1882: Reserved

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(a)(4): Claim Amendment (Filed With the U.S. Designated or Elected Office)

1893.01(b): Applicant for a U.S. National Stage Application

1893.01(c): Fees

1893.01(d): Translation

1893.01(e): Inventor’s Oath or 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

1894: Reserved

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