1805 Where to File an International Application
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(a) The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with any agreement made between the United States and another country, the Patent and Trademark Office may also act as a Receiving Office for international applications filed by residents or nationals of such country who are entitled to file international applications.
Only if at least one of the applicants is a resident or national of the United States of America may an international application be filed in the United States Receiving Office.
- International applications may be filed electronically through the Office’s electronic filing system (EFS-Web).
Facsimile transmission (without the benefit of the certificate under 37 CFR 1.8(a)) may be used to submit certain papers in international applications.
- However, facsimile transmission may not be used for the filing of an international application, the filing of color drawings, or the filing of a copy of the international application and the basic national fee to enter the U.S. national stage.
PCT Rule 19.4 provides for transmittal of an international application to the International Bureau as Receiving Office in certain instances.
- For example, when the international application is filed with the United States Receiving Office and the language in which the international application is filed is not accepted by the United States Receiving Office, or if the applicant does not have the requisite residence or nationality, the application may be forwarded to the International Bureau for processing in its capacity as a Receiving Office.
- If all of the applicants are indicated to be residents and nationals of non-PCT Contracting States, PCT Rule 19.4 does not apply, and the application is denied an international filing date.
Any applicant who is a resident or national of a PCT Contracting State may also file their application directly with the International Bureau as receiving Office.
- An applicant may wish to consider filing directly with the International Bureau as receiving Office instead of the United States Receiving Office in the situation where applicant is filing their international application after the expiration of the 12 month priority period but within two months of the expiration of the priority period, and where applicant desires to request restoration of the right of priority under the in spite of due care standard.
