Manual of Patent Examining Procedure - MPEP

Table of Contents


Administrative Instructions Under the PCT

-    Part 1: INSTRUCTIONS RELATING TO GENERAL MATTERS
-    § 101 Abbreviated Expressions and Interpretation
-    § 102 Use of the Forms
-    § 102 bis Filing of PCT-EASY Request Together with PCT-EASY Physical Medium Containing Request Data and Abstract
-    § 103 Languages of the Forms Used by International Authorities
-    § 104 Language of Correspondence in Cases Not Covered by Rule 92.2
-    § 105 Identification of International Application with Two or More Applicants
-    § 106 Change of Common Representative
-    § 107 Identification of International Authorities and of Designated and Elected Offices
-    § 108 Correspondence Intended for the Applicant
-    § 109 File Reference
-    § 110 Dates
-    § 111 [ Deleted ]
-    § 112 Ceasing of Effect Under Articles 24(1)(iii) and 39(2), Review Under Article 25 (2) and Maintaining of Effect Under Articles 24(2) and 39(3)
-    § 113 Special Fees Payable to the International Bureau
-    § 114 [ Deleted ]
-    § 115 Indications of States, Territories, and Intergovernmental Organizations
-    Part 2: INSTRUCTIONS RELATING TO THE INTERNATIONAL APPLICATION
-    § 201 Language of the International Application
-    § 202 [ Deleted ]
-    § 203 Different Applicants for Different Designated States
-    § 204 Headings of the Parts of the Description
-    § 205 Numbering and Identification of Claims upon Amendment
-    § 206 Unity of Invention
-    § 207 Arrangement of Elements and Numbering of Sheets of the International Application
-    § 208 Sequence Listings
-    § 209 Indications as to Deposited Biological Material on a Separate Sheet
-    § 210 [ Deleted ]
-    § 211 Declaration as to the Identity of the Inventor
-    § 212 Declaration as to the Applicant's Entitlement to Apply for and Be Granted a Patent
-    § 213 Declaration as to the Applicant's Entitlement to Claim Priority of Earlier Application
-    § 214 Declaration of Inventorship
-    § 215 Declaration as to Non-Prejudicial Disclosures or Exceptions to Lack of Novelty
-    § 216 Notice of Correction or Addition of a Declaration Under Rule 26 ter
-    Part 3: INSTRUCTIONS RELATING TO THE RECEIVING OFFICE
-    § 301 Notification of Receipt of Purported International Application
-    § 302 Priority Claim Considered Not To Have Been Made
-    § 303 Deletion of Additional Matter in the Request
-    § 304 Invitation to Pay Fees Before Date on Which They Are Due
-    § 305 Identifying the Copies of the International Application
-    § 305 bis Preparation, Identification and Transmittal of the Copies of the Translation of the International Application
-    § 306 Delayed Transmittal of Search Copy
-    § 307 System of Numbering International Applications
-    § 308 Marking of the Sheets of the International Application and of the Translation Thereof
-    § 309 Procedure in the Case of Later Submitted Sheets
-    § 310 Procedure in the Case of Missing Drawings
-    § 311 Renumbering in the Case of Deletion, Substitution or Addition of Sheets of the International Application and of the Translation Thereof
-    § 312 Notification of Decision Not to Issue Declaration that the International Application Is Considered Withdrawn
-    § 313 Documents Filed with the International Application; Manner of Marking the Necessary Annotations in the Check List
-    § 314 Correction or Addition of a Priority Claim Under Rule 26 bis
-    § 315 [ Deleted ]
-    § 316 Procedure in the Case Where the International Application Lacks the Prescribed Signature
-    § 317 Transmittal of a Notice of Correction or Addition of a Declaration Under Rule 26 ter .1
-    § 318 Cancellation of Designations of Non-Contracting States
-    § 319 [ Deleted ]
-    § 320 Invitation to Pay Fees under Rule 16 bis .1(a)
-    § 321 Application of Moneys Received by the Receiving Office in Certain Cases
-    § 322 Invitation to Submit a Request for Refund of the Search Fee
-    § 323 Transmittal of Priority Documents to International Bureau
-    § 324 Copy of Notification of the International Application Number and the International Filing Date Under Rule 20.5 (c)
-    § 325 Corrections of Defects Under Rule 26.4 , Rectifications of Obvious Errors Under Rule 91.1 , and Corrections Under Rule 9.2
-    § 326 Withdrawal by Applicant Under Rule 90 bis .1, 90 bis .2 or 90 bis .3
-    § 327 Ex Officio Correction of Request by the Receiving Office
-    § 328 Notifications Concerning Representation
-    § 329 Correction of Indications Concerning the Applicant's Residence or Nationality
-    § 330 Transmittal of Record Copy Prevented or Delayed by National Security Prescriptions
-    § 331 Receipt of Confirmation Copy
-    § 332 Notification of Languages Accepted by the receiving Office under Rules 12.1 (a) and (c) and 12.4 (a)
-    § 333 Transmittal of International Application to the International Bureau as Receiving Office
-    § 334 Notification to Applicant of Submission of Demand After the Expiration of 19 Months from the Priority Date
-    § 335 Transmittal of PCT-EASY Request Data and Abstract
-    § 336 Waivers Under Rules 90.4 (d) and 90.5 (c)
-    Part 4: INSTRUCTIONS RELATING TO THE INTERNATIONAL BUREAU
-    § 401 Marking of the Sheets of the Record Copy
-    § 402 Correction or Addition of a Priority Claim Under Rule 26 bis
-    § 403 Transmittal of Protest Against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
-    § 404 International Publication Number of International Application
-    § 405 Publication of Notifications of Languages Accepted by the receiving Office under Rules 12.1 (a) and (c) and 12.4 (a)
-    § 406 Pamphlets
-    § 407 The Gazette
-    § 408 Priority Application Number
-    § 409 Priority Claim Considered Not To Have Been Made
-    § 410 Numbering of Sheets for the Purposes of International Publication; Procedure in Case of Missing Sheets or Drawings
-    § 411 Receipt of Priority Document
-    § 412 Notification of Lack of Transmittal of Search Copy
-    § 413 Corrections of Defects Under Rule 26.4 , Rectifications of Obvious Errors Under Rule 91.1 , and Corrections Under Rule 9.2
-    § 414 Notification to the International Preliminary Examining Authority Where the International Application is Considered Withdrawn
-    § 415 Notification of Withdrawal Under Rule 90 bis .1, 90 bis .2, 90 bis .3 or 90 bis .4
-    § 416 Correction of Request in Record Copy
-    § 417 Processing of Amendments Under Article 19
-    § 418 Notifications to Elected Offices Where the Demand Is Considered Not to Have Been Submitted or Made
-    § 419 Processing of a Declaration Under Rule 26 ter
-    § 420 Copy of International Application and International Search Report for the International Preliminary Examining Authority
-    § 421 Invitation to Furnish a Copy of the Priority Document
-    § 422 Notifications Concerning Changes Recorded Under Rule 92 bis .1
-    § 422 bis Objections Concerning Changes in the Person of the Applicant Recorded Under Rule 92 bis .1(a)
-    § 423 Cancellation of Designations and Elections
-    § 424 [ Deleted ]
-    § 425 Notifications Concerning Representation
-    § 426 [ Deleted ]
-    § 427 [ Deleted ]
-    § 428 [ Deleted ]
-    § 429 [ Deleted ]
-    § 430 Notification of Designations under Rule 32
-    § 431 Publication of Notice of Submission of Demand
-    § 432 Notification to Applicant of Submission of Demand After the Expiration of 19 Months from the Priority Date
-    § 433 Waivers Under Rules 90.4 (d) and 90.5 (c)
-    § 434 Publication of Information Concerning Waivers Under 90.4 (d) and 90.5 (c)
-    Part 5: INSTRUCTIONS RELATING TO THE INTERNATIONAL SEARCHING AUTHORITY
-    § 501 Corrections Submitted to the International Searching Authority Concerning Expressions, etc., Not To Be Used in the International Application
-    § 502 Transmittal of Protest Against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
-    § 503 Method of Identifying Documents Cited in the International Search Report and the Written Opinion of the International Searching Authority
-    § 504 Classification of the Subject Matter of the International Application
-    § 505 Indication of Citations of Particular Relevance in the International Search Report
-    § 506 [ Deleted ]
-    § 507 Manner of Indicating Certain Special Categories of Documents Cited in the International Search Report
-    § 508 Manner of Indicating the Claims to Which the Documents Cited in the International Search Report Are Relevant
-    § 509 International Search and Written Opinion of the International Searching Authority on the Basis of a Translation of the International Application
-    § 510 Refund of Search Fee in Case of Withdrawal of International Application
-    § 511 Rectifications of Obvious Errors Under Rule 91.1
-    § 512 Notifications Concerning Representation
-    § 513 Sequence Listings
-    § 514 Authorized Officer
-    § 515 Amendment of Established Abstract in Response to Applicant's Comments
-    § 516 Notification to Applicant of Submission of Demand After the Expiration of 19 Months from the Priority Date
-    § 517 Waivers Under Rule 90.4(d) and Rule 90.5(c)
-    § 518 Guidelines for Explanations Contained in the Written opinion of the International Searching Authority
-    Part 6: INSTRUCTIONS RELATING TO THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY
-    § 601 Notification to Applicant of Submission of Demand After the Expiration of 19 Months from the Priority Date
-    § 602 Processing of Amendments by the International Preliminary Examining Authority
-    § 603 Transmittal of Protest Against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
-    § 604 Guidelines for Explanations Contained in the International Preliminary Examination Report
-    § 605 File to Be Used for International Preliminary Examination
-    § 606 Cancellation of Elections
-    § 606 bis [ Deleted ]
-    § 607 Rectifications of Obvious Errors Under Rule 91.1
-    § 608 Notifications Concerning Representation
-    § 609 Withdrawal by Applicant Under Rule 90 bis . 1, 90 bis . 2, or 90 bis . 3
-    § 610 [ Deleted ]
-    § 611 Method of Identification of Documents in the International Preliminary Examination Report
-    § 612 Authorized Officer
-    § 613 Invitation to Submit a Request for Refund of Fees under Rule 57.6 or 58.3
-    § 614 Evidence of Right to File Demand
-    § 615 Invitation to Pay Fees Before Date on Which They Are Due
-    § 616 International Preliminary Examination on the Basis of a Translation of the International Application
-    § 617 Waivers Under Rule 90.4 (d) and 90.5 (c)
-    Part 7: INSTRUCTIONS RELATING TO THE FILING AND PROCESSING IN ELECTRONIC FORM OF INTERNATIONAL APPLICATIONS
-    § 701 Abbreviated Expressions
-    § 702 Filing, Processing and Communication in Electronic Form of International Applications
-    § 703 Filing Requirements; Basic Common Standard
-    § 704 Receipt; International Filing Date; Signature; Physical Requirements
-    § 705 Home Copy, Record Copy and Search Copy Where International Application is Filed in Electronic Form
-    § 705 bis Processing in Electronic Form of International Applications Filed on Paper; Home Copy, Record Copy and Search Copy
-    § 706 Backup Copies
-    § 707 Calculation of International Filing Fee and Fee Reduction
-    § 708 Special Provisions Concerning Legibility, Completeness, Infection by Viruses, Etc.
-    § 709 Means of Communication with the Receiving Office
-    § 710 Notification and Publication of Receiving Offices' Requirements and Practices
-    § 711 Electronic Records Management
-    § 712 Access to Electronic Records
-    § 713 Application of Provisions to International Authorities and the International Bureau, and to Notifications, Communications, Correspondence and Other Documents
-    § 714 Furnishing by the International Bureau of Copies of Documents Kept in Electronic Form; Designated Offices' Signature Requirements
-    Part 8: INSTRUCTIONS RELATING TO INTERNATIONAL APPLICATIONS CONTAINING LARGE NUCLEOTIDE AND/OR AMINO ACID SEQUENCE LISTINGS AND/OR TABLES RELATING THERETO
-    § 801 Filing of International Applications Containing Sequence Listings and/or Tables
-    § 802 Format and Identification Requirements Relating to International Applications Containing Sequence Listings and/or Tables
-    § 803 Calculation of International Filing Fee for International Applications Containing Sequence Listings and/or Tables
-    § 804 Preparation, Identification and Transmittal of Copies of International Applications Containing Sequence Listings and/or Tables
-    § 805 Publication and Communication of International Applications Containing Sequence Listings and/or Tables; Copies; Priority Documents
-    § 806 Sequence Listings and/or Tables for Designated Office
-    Annex A FORMS
-    Annex B UNITY OF INVENTION
-    Annex C STANDARD FOR THE PRESENTATION OF NUCLEOTIDE AND AMINO ACID SEQUENCE LISTINGS IN INTERNATIONAL PATENT APPLICATIONS UNDER THE PCT
-    Annex Cbis TECHNICAL REQUIREMENTS FOR THE PRESENTATION OF TABLES RELATED TO NUCLEOTIDE AND AMINO ACID SEQUENCE LISTINGS IN INTERNATIONAL PATENT APPLICATIONS UNDER THE PCT
-    Annex D INFORMATION FROM PAMPHLET FRONT PAGE TO BE INCLUDED IN THE GAZETTE UNDER RULE 86.1 (a)(i)
-    Annex E INFORMATION TO BE PUBLISHED IN THE GAZETTE UNDER RULE 86.1 (a)(v)
-    Annex F STANDARD FOR THE ELECTRONIC FILING AND PROCESSING OF INTERNATIONAL APPLICATIONS

Administrative Instructions Under the PCT

(as in force from October 1, 2005) TABLE OF CONTENTS

Table of Contents added for the convenience of the reader; it is not part of the Administrative Instructions.

PART 1    INSTRUCTIONS RELATING TO GENERAL MATTERS

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