MPEP § 1842 — MPEP § 1842
Current through: 2022-07-01

1842-Basic Flow Under the PCT 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1800 

 Section 1842 
 

 
 
 
 
 
 1842 Basic Flow Under the PCT [R-10.2019]

 

 

 I. MEASURING TIME LIMITS UNDER THE PCT Time limits under the PCT are measured from the “priority date” of
 the application. The priority date for the purposes of computing time limits is
 defined in PCT
 Article 2(xi) . Where an international application does not
 contain any priority claim under PCT Article 8 , the
 international filing date is considered to be the priority date.
 

 II. INTERNATIONAL FILING DATE An international application under the Patent Cooperation Treaty is
 generally filed within 12 months after the filing of the first application directed
 to the same subject matter, so that priority may be claimed under PCT Article 8 
 and Article
 4 of the Stockholm Act of the Paris Convention for the
 Protection of Industrial Property. PCT Article 11 specifies the
 elements required for an international application to be accorded an international
 filing date.
 

 III. ESTABLISHMENT OF THE INTERNATIONAL SEARCH REPORT AND WRITTEN OPINION OF THE
 INTERNATIONAL SEARCHING AUTHORITY As provided in PCT Rule 42 and
 PCT Rule
 43bis , the time limit for establishing
 the international search report (or a declaration that no international search
 report will be established) and written opinion is three months from the receipt of
 the search copy by the International Searching Authority, or nine months from the
 priority date, whichever time limit expires later. 
 

 IV. INTERNATIONAL PUBLICATION Under PCT Article 21 , the
 international publication of the international application by the International
 Bureau shall be effected promptly after the expiration of 18 months from the
 priority date of that application.
 

 V. SUPPLEMENTARY INTERNATIONAL SEARCH (SIS) As provided in PCT Rule
 45bis , at any time prior to the expiration
 of 22 months from the priority date, the applicant can request one or more
 supplementary international searches each to be carried out by an International
 Searching Authority other than the International Searching Authority which carries
 out the main international search.
 

 VI. DEADLINE FOR FILING THE DEMAND International preliminary examination is optional. A
 demand for international preliminary examination 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 subsection VII.A., below.
 

 VII. DEADLINE FOR FILING COPY, TRANSLATION, AND FEE IN NATIONAL STAGE
 OFFICES A listing of all national and regional offices, and
 the corresponding time limits for entering the national stage following PCT Chapter
 I and PCT Chapter II, may be found on WIPO’s website at: www.wipo.int/pct/en/texts/time_limits.html .
 

 A. National Stage Entry Following PCT Chapter I PCT Article
 22(1) was amended, effective April 1, 2002, to specify
 that the national stage requirements are due not later than at the expiration of
 30 months from the priority date if no demand has been filed. Prior to April 1,
 2002, PCT
 Article 22(1) specified that these requirements were due
 not later than at the expiration of 20 months from the priority date. See
 www.wipo.int/pct/en/texts/time_limits.html for a list of
 the Contracting States that have not yet changed their national laws to adopt
 the 30 month period now set forth in PCT Article 22(1) . (At the
 time of publication of this Chapter, only two countries have not adopted
 Article
 22(1) as amended: Luxembourg (LU) and the United Republic
 of Tanzania (TZ). It is noted that Luxembourg is included in the regional
 designation “EPO” and that the United Republic of Tanzania is included in the
 regional designation “ARIPO.”)
 

 B. National Stage Entry Following PCT Chapter II If the election of a Contracting State has been effected by
 filing a demand prior to the expiration of the 19th month from the priority
 date, the provisions of Article 39 apply rather
 than the provisions of Article 22 . The deadline
 for filing the national stage requirements under PCT Article 39(a) is 30 months
 from the priority date, but any national law may fix time limits which expire
 later than the time limit provided in PCT Article 39(a). See PCT Article 39(b)
 and the list of time limits found on WIPO’s website at www.wipo.int/pct/en/texts/ time_limits.html .
 

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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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 Last Modified: 
 
 03/09/2026 20:50:37