MPEP § 1826 — MPEP § 1826
Current through: 2022-07-01

1826-The Abstract 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1800 

 Section 1826 
 

 
 
 
 
 
 1826 The Abstract [R-08.2017]

 
 PCT Rule 8 

 The Abstract 

 
 8.1 Contents and Form of the Abstract

 
 (a) The abstract shall consist of the following:
 
 (i) a summary of the disclosure as contained in the
 description, the claims, and any drawings; the summary shall
 indicate the technical field to which the invention pertains and
 shall be drafted in a way which allows the clear understanding
 of the technical problem, the gist of the solution of that
 problem through the invention, and the principal use or uses of
 the invention;
 

 (ii) where applicable, the chemical formula which,
 among all the formulae contained in the international
 application, best characterizes the invention.
 

 
 

 (b) The abstract shall be as concise as the disclosure
 permits (preferably 50 to 150 words if it is in English or when
 translated into English).
 

 (c) The abstract shall not contain statements on the alleged
 merits or value of the claimed invention or on its speculative
 application.
 

 (d) Each main technical feature mentioned in the abstract
 and illustrated by a drawing in the international application shall be
 followed by a reference sign, placed between parentheses.
 

 
 

 

 
 8.2 Figure

 
 (a) If the applicant fails to make the indication referred
 to in Rule 3.3(a)(iii) , or if the International
 Searching Authority finds that a figure or figures other than that
 figure or those figures suggested by the applicant would, among all the
 figures of all the drawings, better characterize the invention, it
 shall, subject to paragraph (b), indicate the figure or figures which
 should accompany the abstract when the latter is published by the
 International Bureau. In such case, the abstract shall be accompanied by
 the figure or figures so indicated by the International Searching
 Authority. Otherwise, the abstract shall, subject to paragraph (b), be
 accompanied by the figure or figures suggested by the applicant.
 

 (b) If the International Searching Authority finds that
 none of the figures of the drawings is useful for the understanding of
 the abstract, it shall notify the International Bureau accordingly. In
 such case, the abstract, when published by the International Bureau,
 shall not be accompanied by any figure of the drawings even where the
 applicant has made a suggestion under Rule
 3.3(a)(iii) .
 

 
 

 

 
 8.3 Guiding Principles in
 Drafting
 

 The abstract shall be so drafted that it can
 efficiently serve as a scanning tool for purposes of searching in the particular
 art, especially by assisting the scientist, engineer or researcher in
 formulating an opinion on whether there is a need for consulting the
 international application itself.
 

 

 

 
 37 CFR 1.438 The abstract 

 
 (a) Requirements as to the content and form of the abstract are
 set forth in PCT Rule 8 , and shall
 be adhered to.
 

 (b) Lack of an abstract upon filing of an international
 application will not affect the granting of a filing date. However, failure
 to furnish an abstract within one month from the date of the notification by
 the Receiving Office will result in the international application being
 declared withdrawn.
 

 
 

 The abstract must consist of a summary of the disclosure as contained
 in the description, the claims and any drawings. Where applicable, it must also contain
 the most characteristic chemical formula. The abstract must be as concise as the
 disclosure permits (preferably 50 to 150 words if it is in English or when translated
 into English). National practice (see MPEP § 608.01(b) ) also provides a
 maximum of 150 words for the abstract. See 37 CFR 1.72(b) . The PCT range of 50
 - 150 words is not absolute but publication problems could result when the PCT limit is
 increased beyond the 150 word limit. Maintaining the PCT upper limit is encouraged. As a
 rule of thumb, it can be said that the volume of the text of the abstract, including one
 of the figures from the drawings (if any), should not exceed what can be accommodated on
 an A4 sheet of typewritten matter, 1 1/2 spaced. The abstract of the international
 application as filed must begin on a new sheet following the claims (Administrative
 Instructions Section 207 ). The other physical requirements must correspond to those
 for the description. The abstract must be so drafted that it can efficiently serve as a
 scanning tool for the purposes of searching in the particular art. These and other
 requirements concerning the abstract are spelled out in detail in PCT Rule 8 .
 Useful guidance can be obtained from the “Guidelines for the Preparation of Abstracts
 Under the Patent Cooperation Treaty,” published in the PCT Gazette 
 (No. 5/1978). Those Guidelines may be obtained, in English and French, from the
 International Bureau.
 

 The abstract should be primarily related to what is new in the art to
 which the invention pertains. Phrases should not be used which are implicit, (for
 instance, “the invention relates to...”), and statements on the alleged merits or value
 of the invention are not allowed.
 

 Where the receiving Office finds that the abstract is missing, it
 invites the applicant to furnish it within a time limit fixed in the invitation. Where
 the receiving Office has not invited the applicant to furnish an abstract or the
 applicant fails to furnish an abstract within a time limit fixed in the invitation, the
 International Searching Authority establishes one. See PCT Rule 38 . The
 same applies where the abstract does not comply with the requirements outlined in the
 preceding paragraphs. Where the abstract is established by the International Searching
 Authority, the applicant may propose modifications of, or comment on, the new abstract
 until the expiration of 1 month from the date of mailing of the international search
 report ( PCT Rule
 38.3 ).
 

 SUMMARY OF ABSTRACT REQUIREMENTS Preferably 50-150 words. Should contain:

 
 (A) Indication of field of invention.

 (B) Clear indication of the technical problem.

 (C) Summary of invention’s solution of the problem.

 (D) Principal use or uses of the invention.

 (E) Reference numbers of the main technical features placed
 between parentheses.
 

 (F) Where applicable, chemical formula which best characterizes
 the invention.
 

 
 Should not contain:

 
 (A) Superfluous language.

 (B) Legal phraseology such as “said” and “means.”

 (C) Statements of alleged merit or speculative application.

 (D) Prohibited items as defined in PCT Rule
 9 . 
 

 
 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 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 20:50:37