PCT Rule 54 — The Applicant Entitled to Make a Demand
Ninth Edition, Revision 01.2024
54.1 Residence and Nationality
- (a) Subject to the provisions of paragraph (b), the residence or nationality of the applicant shall, for the purposes of Article 31(2) , be determined according to Rule 18.1(a) and 18.1(b) .
- (b) The International Preliminary Examining Authority shall, in the circumstances specified in the Administrative Instructions, request the receiving Office or, where the international application was filed with the International Bureau as receiving Office, the national Office of, or acting for, the Contracting State concerned to decide the question whether the applicant is a resident or national of the Contracting State of which he claims to be a resident or national. The International Preliminary Examining Authority shall inform the applicant of any such request. The applicant shall have an opportunity to submit arguments directly to the Office concerned. The Office concerned shall decide the said question promptly.
54.2 Right to Make a Demand
The right to make a demand under Article 31(2) shall exist if the applicant making the demand or, if there are two or more applicants, at least one of them is a resident or national of a Contracting State bound by Chapter II and the international application has been filed with a receiving Office of or acting for a Contracting State bound by Chapter II.
54.3 International Applications Filed with the International Bureau as Receiving Office
Where the international application is filed with the International Bureau as receiving Office under Rule 19.1(a)(iii) , the International Bureau shall, for the purposes of Article 31(2)(a) , be considered to be acting for the Contracting State of which the applicant is a resident or national.
54.4 Applicant Not Entitled to Make a Demand
If the applicant does not have the right to make a demand or, in the case of two or more applicants, if none of them has the right to make a demand under Rule 54.2 , the demand shall be considered not to have been submitted.
Cited authority
Cited by
- 1827.01 Refund of International Application Fees
- 1842 Basic Flow Under the PCT
- 1864.02 Applicant’s Right To File a Demand
- 1865 Filing of Demand
- 1868 Correction of Defects in the Demand
- 37 CFR 1.446 Refund of international application filing and processing fees
- PCT Rule 57 The Handling Fee
- PCT Rule 60 Certain Defects in the Demand
- PCT Rule 61 Notification of the Demand and Elections
- PCT AI Section 614 Evidence of Right to File Demand