MPEP § 1865 — MPEP § 1865
Current through: 2022-07-01

1865-Filing of Demand 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1800 

 Section 1865 
 

 
 
 
 
 
 1865 Filing of Demand [R-01.2024]

 
 PCT Article 31 

 Demand for International Preliminary
 Examination 

 
 (1) On the demand of the applicant, his international
 application shall be the subject of an international preliminary examination
 as provided in the following provisions and the Regulations.
 

 
 *****

 
 (3) The demand for international preliminary examination shall
 be made separately from the international application. The demand shall
 contain the prescribed particulars and shall be in the prescribed language
 and form.
 

 
 *****

 
 (6) 
 
 (a) The demand shall be submitted to the competent
 International Preliminary Examining Authority referred to in
 Article 32 .
 

 
 

 
 *****

 

 Applicants should submit the Demand and appropriate fees directly to
 the International Preliminary Examining Authority (IPEA) they desire to prepare the
 International Preliminary Examination Report. The demand must be filed prior to the
 expiration of whichever of the following periods expires later: (A) three months from
 the date of transmittal to the applicant of the international search report and the
 written opinion; or (B) 22 months from the priority date. Otherwise the demand shall be
 considered as if it had not been submitted and the International Preliminary Examining
 Authority shall so declare. See PCT Rule 54 . In order to take
 advantage of a national phase entry time limit of at least 30 months from the priority
 date in relation to all States designated in the international application, it may be
 necessary to file a demand before the expiration of 19 months from the priority date.
 See MPEP §
 1842 , subsection VII.A.
 

 CHOICE OF INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY The IPEA/US will serve as International Preliminary
 Examining Authority for U.S. residents and nationals if the USPTO, EPO, KIPO, IP
 Australia, ILPO, JPO or IPOS served as the International Searching Authority (ISA)
 and the international application was filed in the U.S. receiving Office or the
 International Bureau as receiving Office. 
 

 The IPEA/US will also serve as International
 Preliminary Examining Authority for residents or nationals of Bahrain, Barbados,
 Brazil, Chile, Dominican Republic, Egypt, Georgia, Guatemala, India, Israel, Jordan,
 Mexico, New Zealand, Oman, Panama, Peru, the Philippines, Qatar, Saint Kitts and
 Nevis, Saint Lucia, Saint Vincent and the Grenadines, South Africa, Thailand, and
 Trinidad and Tobago if the USPTO was the ISA.
 

 U.S. residents and nationals may also choose to have
 the international preliminary examination done by KIPO if the USPTO, EPO, KIPO, IP
 Australia, ILPO, JPO, or IPOS served as the ISA.
 

 U.S. residents and nationals may choose to have the
 international preliminary examination done by the EPO if the EPO served as the
 ISA.
 

 U.S. residents and nationals may choose to have the
 international preliminary examination done by IP Australia if IP Australia served as
 the ISA and IP Australia has not received more than 250 international applications
 from the USPTO during the fiscal quarter. 
 

 U.S. residents and nationals may choose to have the
 international preliminary examination done by ILPO if ILPO served as the ISA. ILPO
 has certain restrictions of competency as an IPEA based upon the subject matter of
 the application.
 

 U.S. residents and nationals may choose to have the
 international preliminary examination done by the JPO if the JPO served as the
 ISA.
 

 U.S. residents and nationals may choose to have the
 international preliminary examination done by the IPOS if the IPOS served as the
 ISA.
 

 Information regarding the demand filing with the
 specific IPEA is available on the PCT Applicant’s Guide at WIPO’s website
 ( www.wipo.int/pct/en/appguide/ ).
 

 Demands filed in the United States Patent and Trademark
 Office (USPTO) should preferably be filed via the USPTO patent electronic filing
 system by registered users in an application filed with the U.S. receiving office or
 searched by the USPTO. Filers who are not registered users of the USPTO patent
 electronic filing system must file the demand by another acceptable method.
 

 To avoid unnecessary work and communication by the
 USPTO, applicants should not file a courtesy copy of a Demand with the USPTO,
 because the U.S. International Preliminary Examining Authority will process the
 Demand. If the USPTO is not a competent IPEA, the Demand will be forwarded to the
 IB.
 

 If mailed to the USPTO, the Demand should be addressed as follows:

 Mailing address for delivery by the U.S. Postal Service:

 Mail Stop PCT
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

 OR

 If hand-carried directly to the USPTO, papers should be addressed to
 “Mail Stop PCT.” See MPEP
 § 501 , subsection III for information regarding hand-delivery
 of papers. 
 

 The Priority Mail Express® provisions of 37 CFR 1.10 may
 be used to file a Demand under Chapter II in the USPTO. Applicants are advised that
 failure to comply with the provisions of 37 CFR 1.10 will result in the
 paper or fee being accorded the date of receipt and not the date of deposit. See
 MPEP §
 513 . 
 

 Demand for international preliminary examination may also be submitted
 to the USPTO via facsimile. The Certificate of Mailing or Transmission practice under
 37 CFR
 1.8 CANNOT be used to file a Demand if the date of deposit is
 desired. If used, the date of the Demand will be the date of receipt in the USPTO. See
 MPEP §§
 513 , 1834 , and 1834.01 . 
 

 All Demands filed in the USPTO must be in the English language.

 PCT Rule
 59.3 provides a safeguard in the case of a Demand filed with an
 International Preliminary Examining Authority which is not competent for the
 international preliminary examination of a particular international application. The
 USPTO will forward such a Demand to the International Bureau and the International
 Bureau will forward the Demand to a competent International Preliminary Examining
 Authority pursuant to PCT Rule 59.3(c) . The competent International Preliminary
 Examining Authority will process the Demand based on the date of receipt in the USPTO.
 See 37 CFR
 1.416(c)(2) .
 

 

 

 

 

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 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-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[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 - 1839-[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-[Reserved] 

 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 - 1847-[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 - 1855-[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 - 1892-[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 

 

 

 
 

 
 
 

 
 

 

 
 
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 03/09/2026 20:49:29