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