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Question:
What does the Office need at the time of receipt in order to accord the international filing date the date of receipt of the international application?
Answer:
The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that the Office has found that, at the time of receipt:
(i) the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office,
(ii) the international application is in the prescribed language,
(iii) the international application contains at least the following elements:
- (a) an indication that it is intended as an international application,
- (b) the designation of at least one Contracting State,
- (c) the name of the applicant, as prescribed,
- (d) a part which on the face of it appears to be a description
- (e) a part which on the face of it appears to be a claim or claims.
Chapter Details:
The answer to this question can be found in chapter 1800 of the MPEP. This chapter covers Patent Cooperation Treaty.
The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 1810 of the MPEP. The following is a brief summary of section 1810.
1810 Filing Date Requirements
An international filing date is accorded to the earliest date on which the requirements under PCT Article 11(1) were satisfied. If the requirements under PCT Article 11(1) are not satisfied as of the date of initial receipt of the international application papers, the receiving Office will invite applicant to correct the deficiency within a set time limit.
The USPTO is also not competent to receive international applications that are not in the English language and, upon payment of a fee equal to the transmittal fee, the USPTO will forward such applications to the International Bureau provided they are in a language accepted by the International Bureau as receiving Office.