PCT Article 11 — Filing Date and Effects of the International Application
Ninth Edition, Revision 01.2024
- (1) The receiving Office shall accord as the international filing
date the date of receipt of the international application, provided that that
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.
- (2)
- (a) If the receiving Office finds that the international application did not, at the time of receipt, fulfill the requirements listed in paragraph (1), it shall, as provided in the Regulations, invite the applicant to file the required correction.
- (b) If the applicant complies with the invitation, as provided in the Regulations, the receiving Office shall accord as the international filing date the date of receipt of the required correction.
- (3) Subject to Article 64(4) , any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) and accorded an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.
- (4) Any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) shall be equivalent to a regular national filing within the meaning of the Paris Convention for the Protection of Industrial Property.
Cited authority
Cited by
- 1481.03 Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits
- 1504.20 Benefit Under 35 U.S.C. 120
- 1801 Basic Patent Cooperation Treaty (PCT) Principles
- 1810 Filing Date Requirements
- 1842 Basic Flow Under the PCT
- 1893.03(b) The Filing Date of a U.S. National Stage Application
- 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
- 211 Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e)
- 211.01 Requirements Related to the Prior-Filed Application
- 211.01(c) Claiming the Benefit of an International Application Designating the United States
- 217 Incorporation by Reference Under 37 CFR 1.57(b)
- 2504 Patents Subject to Maintenance Fees
- 2920.05(e) Benefit Claims Under 35 U.S.C. 386(c)
- 608.05 “Sequence Listing,” “Large Tables,” or “Computer Program Listing Appendix” Submitted in ASCII Plain Text or a “Sequence Listing XML” Submitted as XML File Text
- 714.01(e) Amendments Before First Office Action
- 35 U.S.C. 363 International application designating the United States: Effect
- 35 U.S.C. 363 (pre-AIA) International application designating the United States: Effect
- 37 CFR 1.78 Claiming benefit of earlier filing date and cross-references to other applications
- 37 CFR 1.362 Time for payment of maintenance fees
- 37 CFR 1.412 The United States Receiving Office
- 37 CFR 1.431 International application requirements
- 37 CFR 1.431 (pre-AIA) International application requirements
- 37 CFR 1.465 Timing of application processing based on the priority date
- PCT Article 14 Certain Defects in the International Application
- PCT Article 24 Possible Loss of Effect in Designated States
- PCT Article 39 Copy, Translation, and Fee, to Elected Offices
- PCT Article 64 Reservations
- PCT Rule 4 The Request (Contents)
- PCT Rule 12 Language of the International Application and Translations for the Purposes of International Search and International Publication
- PCT Rule 15 The International Filing Fee
- PCT Rule 16 The Search Fee
- PCT Rule 20 International Filing Date
- PCT Rule 22 Transmittal of the Record Copy and Translation
- PCT Rule 29 International Applications Considered Withdrawn
- PCT Rule 49 Copy, Translation and Fee under Article 22
- PCT Rule 51 Review by Designated Offices
- PCT Rule 55 Languages (International Preliminary Examination)
- PCT AI Section 112 Ceasing of Effect under Articles 24(1)(iii) and 39(2), Review under Article 25(2) and Maintaining of Effect under Articles 24(2) and 39(3)
- PCT AI Section 301 Notification of Receipt of Purported International Application
- PCT AI Section 308 bis Marking of Later Submitted Sheets
- PCT AI Section 309 Procedure in the Case of Later Submitted Sheets Furnished for the Purposes of Incorporation by Reference
- PCT AI Section 310 Procedure in the Case of Later Submitted Sheets Not Furnished for the Purposes of Incorporation by Reference
- PCT AI Section 329 Correction of Indications Concerning the Applicant’s Residence or Nationality
- PCT AI Section 704 Receipt; International Filing Date; Signature; Physical Requirements