Editorial Note on Part 1
Editorial Notes: 1. In Patent and Trademark Office publications and usage the part number is omitted from the numbers of §§ 1.1 to 1.352 and the numbers to the right of the decimal point correspond with the respective rule numbers. 2. For nomenclature changes to part 1, see 68 FR 14335, Mar. 25, 2003; 87 FR 68904, Nov. 17, 2022.

§ 1.431 International application requirements. ( a ) An international application shall contain, as specified in the Treaty and the Regulations, a Request, a description, one or more claims, an abstract, and one or more drawings (where required). (PCT Art. 3(2) and section 207 of the Administrative Instructions.)
( b ) An international filing date will be accorded by the United States Receiving Office, at the time to receipt of the international application, provided that: ( 1 ) At least one applicant (§ 1.421) is a United States resident or national and the papers filed at the time of receipt of the international application so indicate (35 U.S.C. 361(a), PCT Art. 11(1)(i)).
( 2 ) The international application is in the English language (35 U.S.C. 361(c), PCT Art. 11(1)(ii)).
( 3 ) The international application contains at least the following elements (PCT Art. 11(1)(iii)): ( i ) An indication that it is intended as an international application (PCT Rule 4.2);
( ii ) The designation of at least one Contracting State of the International Patent Cooperation Union (§ 1.432);
( iii ) The name of the applicant, as prescribed (note §§ 1.421, 1.422, and 1.424);
( iv ) A part which on the face of it appears to be a description; and
( v ) A part which on the face of it appears to be a claim.
( c ) Payment of the international filing fee (PCT Rule 15.2) and the transmittal and search fees (§ 1.445) may be made in full at the time the international application papers required by paragraph (b) of this section are deposited or within one month thereafter. The international filing, transmittal, and search fee payable is the international filing, transmittal, and search fee in effect on the receipt date of the international application. If the international filing, transmittal, and search fees are not paid within one month from the date of receipt of the international application and prior to the sending of a notice of deficiency, which imposes a late payment fee (§ 1.445(a)(6)), the applicant will be notified and given a one-month non-extendable time limit within which to pay the deficient fees plus the late payment fee.
( d ) If the payment needed to cover the transmittal fee, the international filing fee, the search fee, and the late payment fee pursuant to paragraph (c) of this section is not timely made in accordance with PCT Rule 16*bis.*1(e), the Receiving Office will declare the international application withdrawn under PCT Article 14(3)(a).
[43 FR 20466, May 11, 1978, as amended at 50 FR 9383, Mar. 7, 1985; 52 FR 20047, May 28, 1987; 58 FR 4344, Jan. 14, 1993; 63 FR 29618, June 1, 1998; 68 FR 59887, Oct. 20, 2003; 68 FR 67805, Dec. 4, 2003; 77 FR 48823, Aug. 14, 2012; 85 FR 46990, Aug. 3, 2020]

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

Editorial Note on Subchapter A of Chapter I
Editorial Note: Part 5 is placed in the separate grouping of parts pertaining to patents regulations.