MPEP § 1834 — MPEP § 1834
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1834-Correspondence 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1800 

 Section 1834 
 

 
 
 
 
 
 1834 Correspondence [R-08.2017]

 
 PCT Rule 92 

 Correspondence 

 
 92.1 Need for Letter and for Signature

 (a) Any paper submitted by the applicant in the course of the
 international procedure provided for in the Treaty and these Regulations, other
 than the international application itself, shall, if not itself in the form of a
 letter, be accompanied by a letter identifying the international application to
 which it relates. The letter shall be signed by the applicant.
 

 (b) If the requirements provided for in paragraph (a) are not
 complied with, the applicant shall be informed as to the non-compliance and
 invited to remedy the omission within a time limit fixed in the invitation. The
 time limit so fixed shall be reasonable in the circumstances; even where the
 time limit so fixed expires later than the time limit applying to the furnishing
 of the paper (or even if the latter time limit has already expired), it shall
 not be less than 10 days and not more than one month from the mailing of the
 invitation. If the omission is remedied within the time limit fixed in the
 invitation, the omission shall be disregarded; otherwise, the applicant shall be
 informed that the paper has been disregarded.
 

 (c) Where non-compliance with the requirements provided for in
 paragraph (a) has been overlooked and the paper taken into account in the
 international procedure, the non-compliance shall be disregarded.
 

 

 
 92.2 Languages

 
 (a) Subject to Rules 55.1 and
 55.3 and to paragraph (b) of this Rule, any
 letter or document submitted by the applicant to the International
 Searching Authority or the International Preliminary Examining Authority
 shall be in the same language as the international application to which
 it relates. However, where a translation of the international
 application has been transmitted under Rule
 23.1(b) or furnished under Rule
 55.2 , the language of such translation shall be
 used.
 

 (b) Any letter from the applicant to the International
 Searching Authority or the International Preliminary Examining Authority
 may be in a language other than that of the international application,
 provided the said Authority authorizes the use of such language.
 

 (c) [Deleted] 

 (d) Any letter from the applicant to the International
 Bureau shall be in English or French.
 

 (e) Any letter or notification from the International Bureau
 to the applicant or to any national Office shall be in English or
 French.
 

 
 *****

 

 

 
 PCT Administrative Instructions Section 105 

 Identification of International
 Application With Two or More Applicants 

 Where any international application indicates two or more
 applicants, it shall be sufficient, for the purpose of identifying that application,
 to indicate, in any Form or correspondence relating to such application, the name of
 the applicant first named in the request. The provisions of the first sentence of
 this Section do not apply to the demand.
 

 
 I. NOTIFICATION UNDER PCT RULE 92.1(b) OF DEFECTS WITH REGARD TO
 CORRESPONDENCE If the Office finds that papers, other than the international
 application itself, are not accompanied by a letter identifying the international
 application to which they relate, or are accompanied by an unsigned letter, or are
 furnished in the form of an unsigned letter, it notifies the applicant and invites
 him or her to remedy the omission. The Office disregards the said papers or letter
 if the omission is not remedied within the time limit fixed in the invitation
 ( PCT Rule
 92.1(b) ). If the omission has been overlooked and the paper
 taken into account, the omission is disregarded.
 

 II. CORRESPONDENCE ADDRESS Where there is a sole applicant without an agent in an international
 application, correspondence will be sent to the applicant at his or her indicated
 address; or, if he or she has appointed one or more agents, to that agent or the
 first-mentioned of those agents; or, if he or she has not appointed an agent but has
 indicated a special address for notifications, at that special address.
 

 Where there are two or more applicants who have appointed one or
 more common agents, correspondence will be addressed to that agent or the
 first-mentioned of those agents. Where no common agent has been appointed,
 correspondence will be addressed to the common representative (either the appointed
 common representative or the applicant who is considered to be the common
 representative ( PCT Rule 90.2 ) at the indicated address; or, if the common
 representative has appointed one or more agents, to that agent or the
 first-mentioned of those agents; or, if the common representative has not appointed
 an agent but has indicated a special address for notifications, at that address.
 

 III. FILING OF CORRESPONDENCE BY MAIL The Priority Mail Express® procedure set forth at 37 CFR 1.10 
 applies to papers filed with the U.S. Patent and Trademark Office (USPTO) in
 international applications. Accordingly, papers filed with the USPTO in
 international applications will be accorded by the USPTO the “date accepted”
 indicated on the Priority Mail Express® mailing label as the date of filing in the
 USPTO if the provisions of 37 CFR 1.10 are complied with.
 See MPEP §
 513 . 
 

 If there is a question regarding the date of deposit, the Priority
 Mail Express® provisions of 37 CFR 1.10(c) - (e) require,
 in addition to using the Priority Mail Express® Post Office to Addressee service, an
 indication of the Priority Mail Express® mailing label number on each paper or fee.
 In situations wherein the correspondence includes several papers directed to the
 same application (for example, Request, description, claims, abstract, drawings, and
 other papers) the correspondence may be submitted with a cover or transmittal
 letter, which should itemize the papers. The cover or transmittal letter must have
 the Priority Mail Express® mailing label number thereon.
 

 The certificate of mailing by first class mail procedure set forth
 at 37 CFR
 1.8 differs from the 37 CFR 1.10 Priority Mail
 Express® procedure. See 37 CFR 1.8(a)(2)(i)(D) and
 (E) . It is important to understand that the
 37 CFR
 1.8 certificate of mailing procedure CANNOT be used for
 filing any papers during the international stage if the date of deposit is desired.
 If the 37 CFR
 1.8 certificate of mailing procedure is used, the paper
 and/or fee will be accorded the date of receipt in the USPTO unless the receipt date
 falls on a Saturday, Sunday, or federal holiday in which case the date of receipt
 will be the next succeeding day which is not a Saturday, Sunday, or federal holiday
 ( 37 CFR
 1.6(a)(1) ). Accordingly, the certificate of mailing
 procedures of 37 CFR 1.8 are not available to have a submission during the
 international stage considered as timely filed if the submission is not physically
 received at the USPTO on or before the due date.
 

 
 1834.01 Filing of Correspondence by Facsimile [R-07.2015]

 PCT Rule
 92.4 provides that a national Office may receive documents by
 telegraph, teleprinter, or facsimile machine. However, the United States Patent and
 Trademark Office has not informed the International Bureau that it accepts such
 submissions other than facsimile transmissions. Accordingly, applicants may not
 currently file papers in international applications with the United States Patent
 and Trademark Office via telegraph or teleprinter. 
 

 Generally, any paper may be filed by facsimile transmission with
 certain exceptions which are identified in 37 CFR 1.6(d) . It should be
 noted that a facsimile transmission of a document is not permitted and, if
 submitted, will not be accorded a date of receipt if the document is: 
 

 
 (A) Required by statute to be certified;

 (B) A color drawing submitted under 37 CFR
 1.437 ; 
 

 (C) An international application for patent; or

 (D) A copy of the international application and the basic
 national fee necessary to enter the national stage, as specified in
 37 CFR
 1.495(b) . 
 

 
 Facsimile transmission may be used to submit substitute sheets
 (other than color drawings), extensions of time, power of attorney, fee
 authorizations (other than the basic national fee), demands, response to written
 opinions, oaths or declarations, petitions, Article 34 amendments, and translations
 in international applications. 
 

 A Certificate of Transmission may be used as provided in
 37 CFR
 1.8(a)(1) except in the instances specifically excluded in
 37 CFR
 1.8(a)(2) . Note particularly that the Certificate of
 Transmission cannot be used for the filing of an international application for
 patent or correspondence in an international application before the U.S. Receiving
 Office, the U.S. International Searching Authority, or the U.S. International
 Preliminary Examining Authority. Guidelines for facsimile transmission are clearly
 set forth in 37
 CFR 1.6(d) and should be read before transmitting by
 facsimile machine.
 

 A signature on a document received via facsimile in a permitted
 situation is acceptable as a proper signature. See PCT Rule
 92.4(b) and 37 CFR 1.4(d)(1)(ii) . 
 

 The receipt date of a document transmitted via facsimile is the
 date in the USPTO on which the transmission is completed, unless the receipt date is
 a Saturday, Sunday, or Federal holiday in which case the date of receipt will be the
 next succeeding day which is not a Saturday, Sunday, or Federal holiday
 ( 37 CFR
 1.6(a)(3) ). See 37 CFR 1.6(d) . Where a document
 is illegible or part of the document is not received, the document will be treated
 as not received to the extent that it is illegible or the transmission failed. See
 PCT Rule
 92.4(c) . 
 

 

 
 1834.02 Irregularities in the Mail or Electronic Communications
 Service [R-07.2022]
 

 
 PCT Rule 82 

 Irregularities in the Mail
 Service 

 
 82.1 Delay or Loss in Mail

 
 (a) Any interested party may offer evidence that he has
 mailed the document or letter five days prior to the expiration of
 the time limit. Except in cases where surface mail normally arrives
 at its destination within two days of mailing, or where no airmail
 service is available, such evidence may be offered only if the
 mailing was by airmail. In any case, evidence may be offered only if
 the mailing was by mail registered by the postal authorities.
 

 (b) If the mailing, in accordance with paragraph (a), of
 a document or letter is proven to the satisfaction of the national
 Office or intergovernmental organization which is the addressee,
 delay in arrival shall be excused, or, if the document or letter is
 lost in the mail, substitution for it of a new copy shall be
 permitted, provided that the interested party proves to the
 satisfaction of the said Office or organization that the document or
 letter offered in substitution is identical with the document or
 letter lost.
 

 (c) In the cases provided for in paragraph (b), evidence
 of mailing within the prescribed time limit, and, where the document
 or letter was lost, the substitute document or letter as well as the
 evidence concerning its identity with the document or letter lost
 shall be submitted within one month after the date on which the
 interested party noticed or with due diligence should have noticed
 the delay or the loss, and in no case later than six months after
 the expiration of the time limit applicable in the given case.
 

 (d) Any national Office or intergovernmental
 organization which has notified the International Bureau that it
 will do so shall, where a delivery service other than the postal
 authorities is used to mail a document or letter, apply the
 provisions of paragraphs (a) to (c) as if the delivery service was a
 postal authority. In such a case, the last sentence of paragraph (a)
 shall not apply but evidence may be offered only if details of the
 mailing were recorded by the delivery service at the time of
 mailing. The notification may contain an indication that it applies
 only to mailings using specified delivery services or delivery
 services which satisfy specified criteria. The International Bureau
 shall publish the information so notified in the Gazette.
 

 (e) Any national Office or intergovernmental
 organization may proceed under paragraph (d):
 
 (i) even if, where applicable, the delivery
 service used was not one of those specified, or did not
 satisfy the criteria specified, in the relevant notification
 under paragraph (d), or
 

 (ii) even if that Office or organization has not
 sent to the International Bureau a notification under
 paragraph (d).
 

 
 

 
 

 
 I. DELAY OR LOSS IN MAIL Delay or loss in the mail shall be excused when it is proven to
 the satisfaction of the receiving Office that the concerned letter or document
 was mailed at least five days before the expiration of the time limit. The
 mailing must have been by registered air mail or, where surface mail would
 normally arrive at the destination concerned within two days of mailing, by
 registered surface mail ( PCT Rule 82.1(a) to (c) ).
 PCT Rule
 82 contains detailed provisions governing the situation
 where a letter arrives late or gets lost due to irregularities in the mail
 service, for example, because the mail service was interrupted due to a strike.
 The provisions operate to excuse failure to meet a time limit for filing a
 document for up to six months after the expiration of the time limit concerned,
 provided that the document was mailed at least five days before the expiration
 of the time limit. In order to take advantage of these provisions, the mailing
 must have been by registered airmail or, where surface mail would normally
 arrive at the destination concerned within two days of mailing, by registered
 surface mail. Evidence is required to satisfy the Office, and a substitute
 document must be filed promptly—see PCT Rule 82.1(b) and (c) 
 for details.
 

 II. INTERRUPTION IN MAIL OR ELECTRONIC COMMUNICATIONS SERVICE Special provisions apply to excuse delays in meeting time
 limits fixed in the PCT Regulations, and to extend time limits due to a general
 disruption experienced by an office or authority, caused by war, revolution,
 civil disorder, strike, natural calamity, epidemic, a general unavailability of
 electronic communications services or other like reasons. For example, a delay
 in meeting a time limit may be excused where the interested party establishes
 that an outage of electronic communications services affected a widespread
 geographical area, was unexpected or unforeseen, and that no alternative means
 of communication was available. See PCT Rule
 82quater and PCT Administrative
 Instruction Section 111 for details.
 

 See PCT Rule 80.5 for guidance
 on periods which expire on a non-working day.
 

 

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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 20:49:28