37 CFR 1.412 — The United States Receiving Office
Ninth Edition, Revision 01.2024
- (a) The United States Patent and Trademark Office is a Receiving Office only for applicants who are residents or nationals of the United States of America.
- (b) The Patent and Trademark Office, when acting as a Receiving Office, will be identified by the full title “United States Receiving Office” or by the abbreviation “RO/US.”
- (c) The major functions of the Receiving Office
include:
- (1) According of international filing dates to international applications meeting the requirements of PCT Art. 11(1) and PCT Rule 20 ;
- (2) Assuring that international applications meet the standards for format and content of PCT Art. 14(1) , PCT Rule 9 , 26 , 29.1 , 37 , 38 , 91 , and portions of PCT Rules 3 through 11 ;
- (3) Collecting and, when required, transmitting fees due for processing international applications ( PCT Rule 14 , 15 , 16 );
- (4) Transmitting the record and search copies to the International Bureau and International Searching Authority, respectively ( PCT Rules 22 and 23 ); and
- (5) Determining compliance with applicable requirements of part 5 of this chapter.
- (6) Reviewing and, unless prescriptions
concerning national security prevent the application from
being so transmitted (
PCT Rule
19.4
), transmitting the international
application to the International Bureau for processing in its
capacity as a Receiving Office:
- (i) Where the United States Receiving Office is not the competent Receiving Office under PCT Rule 19.1 or 19.2 and § 1.421(a) ; or
- (ii) Where the international application is not in English but is in a language accepted under PCT Rule 12.1(a) by the International Bureau as a Receiving Office; or
- (iii) Where there is agreement and authorization in accordance with PCT Rule 19.4(a)(iii) .
[Para. (c)(6) added, 60 FR 21438, May 2, 1995, effective June 1, 1995; para. (c)(6) revised, 63 FR 29614, June 1, 1998, effective July 1, 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998)]
Cited authority
- PCT Article 11 Filing Date and Effects of the International Application
- PCT Rule 20 International Filing Date
- PCT Article 14 Certain Defects in the International Application
- PCT Rule 9 Expressions, Etc., Not to Be Used
- PCT Rule 26 Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
- PCT Rule 29 International Applications Considered Withdrawn
- PCT Rule 37 Missing or Defective Title
- PCT Rule 38 Missing or Defective Abstract
- PCT Rule 91 Rectification of Obvious Mistakes in the International Application and Other Documents
- PCT Rule 3 The Request (Form)
- PCT Rule 11 Physical Requirements of the International Application
- PCT Rule 14 The Transmittal Fee
- PCT Rule 15 The International Filing Fee
- PCT Rule 16 The Search Fee
- PCT Rule 22 Transmittal of the Record Copy and Translation
- PCT Rule 23 Transmittal of the Search Copy, Translation and Sequence Listing
- PCT Rule 19 The Competent Receiving Office
- 37 CFR 1.421 (pre-AIA) Applicant for international application
- PCT Rule 12 Language of the International Application and Translations for the Purposes of International Search and International Publication
Cited by
- 120 Secrecy Orders
- 140 Foreign Filing Licenses
- 1805 Where To File an International Application
- 1806 Applicants and Inventors
- 1825 The Drawings
- 37 CFR 1.421 Applicant for international application
- 37 CFR 1.421 (pre-AIA) Applicant for international application
- 37 CFR 5.1 Applications and correspondence involving national security
- 37 CFR 5.11 License for filing in, or exporting to, a foreign country an application on an invention made in the United States or technical data relating thereto