PCT Article 31 — Demand for International Preliminary Examination
Ninth Edition, Revision 01.2024
- (1) On the demand of the applicant, his international application shall be the subject of an international preliminary examination as provided in the following provisions and the Regulations.
- (2)
- (a) Any applicant who is a resident or national, as defined in the Regulations, of a Contracting State bound by Chapter II, and whose international application has been filed with the receiving Office of or acting for such State, may make a demand for international preliminary examination.
- (b) The Assembly may decide to allow persons entitled to file international applications to make a demand for international preliminary examination even if they are residents or nationals of a State not party to this Treaty or not bound by Chapter II.
- (3) The demand for international preliminary examination shall be made separately from the international application. The demand shall contain the prescribed particulars and shall be in the prescribed language and form.
- (4)
- (a) The demand shall indicate the Contracting State or States in which the applicant intends to use the results of the international preliminary examination (“elected States”). Additional Contracting States may be elected later. Election may relate only to Contracting States already designated under Article 4 .
- (b) Applicants referred to in paragraph (2)(a) may elect any Contracting State bound by Chapter II. Applicants referred to in paragraph (2)(b) may elect only such Contracting States bound by Chapter II as have declared that they are prepared to be elected by such applicants.
- (5) The demand shall be subject to the payment of the prescribed fees within the prescribed time limit.
- (6)
- (a) The demand shall be submitted to the competent International Preliminary Examining Authority referred to in Article 32 .
- (b) Any later election shall be submitted to the International Bureau.
- (7) Each elected Office shall be notified of its election.
Cited authority
Cited by
- 1862 Agreement With the International Bureau To Serve as an International Preliminary Examining Authority
- 1864.02 Applicant’s Right To File a Demand
- 1864.03 States Which May Be Elected
- 1881 Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
- 1893.01(a) Entry via the U.S. Designated or Elected Office
- PCT Article 32 The International Preliminary Examining Authority
- PCT Article 69 Notifications
- PCT Rule 53 The Demand
- PCT Rule 54 The Applicant Entitled to Make a Demand
- PCT Rule 59 The Competent International Preliminary Examining Authority
- PCT Rule 61 Notification of the Demand and Elections
- PCT AI Section 418 Notifications to Elected Offices Where the Demand Is Considered Not to Have Been Submitted or Made
- PCT AI Section 614 Evidence of Right to File Demand