MPEP § 1893.01(a) — Entry via the U.S. Designated or Elected Office
Ninth Edition, Revision 01.2024 · last revised R-07.2022
PCT Article 2
Definitions
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- (xiii) “designated Office” means the national Office of or acting for the State designated by the applicant under Chapter I of this Treaty;
- (xiv) “elected Office” means the national Office of or acting for the State elected by the applicant under Chapter II of this Treaty;
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37 CFR 1.414 The United States Patent and Trademark Office as a Designated Office or Elected Office.
- (a) The United States Patent and Trademark Office will act as a Designated Office or Elected Office for international applications in which the United States of America has been designated or elected as a State in which patent protection is desired.
- (b) The United States Patent and Trademark Office, when acting as a Designated Office or Elected Office during international processing will be identified by the full title “United States Designated Office” or by the abbreviation “DO/US” or by the full title “United States Elected Office” or by the abbreviation “EO/US.”
- (c) The major functions of the United States Designated
Office or Elected Office in respect to international applications in
which the United States of America has been designated or elected,
include:
- (1) Receiving various notifications throughout the international stage and
- (2) National stage processing for international applications entering the national stage under 35 U.S.C. 371.
An international application designating the U.S. will enter the national stage via the U.S. Designated Office unless a Demand electing the U.S. is filed under PCT Article 31 whereupon entry will be via the U.S. Elected Office.
When entering the U.S. national stage following either Chapter I or Chapter II, the applicant has the right to amend the application within the time limit of one month from commencement (PCT Article 28 and PCT Rule 52.1 or PCT Article 41 and PCT Rule 78.1, respectively).
Contents
- 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)
Cited authority
- PCT Article 2 Definitions
- PCT Article 30 Confidential Nature of the International Application
- 35 U.S.C. 371 National stage: Commencement
- PCT Article 31 Demand for International Preliminary Examination
- PCT Article 28 Amendment of the Claims, the Description, and the Drawings, Before Designated Offices
- PCT Rule 52 Amendment of the Claims, the Description, and the Drawings, before Designated Offices
- PCT Article 41 Amendment of the Claims, the Description, and the Drawings, before Elected Offices
- PCT Rule 78 Amendment of the Claims, the Description, and the Drawings, before Elected Offices
Cited by
- 1893.03 Prosecution of U.S. National Stage Applications Before the Examiner
- 1893.03(e) Documents Received from the International Bureau and Placed in a U.S. National Stage Application File
- 1895.01 Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications