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1803    Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America [R-07.2015]

The United States of America had originally declared that it was not bound by Chapter II (PCT Article 64(1)), but withdrew that reservation on July 1, 1987.

It has also declared that, as far as the United States of America is concerned, international publication is not required (PCT Article 64 (3)). Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months. Even though the United States Patent and Trademark Office has pre-grant publication under 35 U.S.C. 122(b), the United States has not removed its reservation under PCT Article 64(3) because not all United States patent applications are published. See 35 U.S.C. 122(b)(2). The application will, however, be published under 35 U.S.C. 122(b) if it enters the national stage in the United States. It will be published again if it is allowed to issue as a United States patent. This reservation is still in effect.

The U.S. Receiving Office continues to accept applications only in English. See 35 U.S.C. 361(c). PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) permit an international filing date to be accorded even though portions of an international application are in a language not acceptable to the Receiving Office. PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible with the national law applied by the United States Patent and Trademark Office (USPTO) as receiving Office. Thus, the USPTO has made a notification of incompatibility with respect to these rules pursuant to PCT Rules 20.1(d), 26.3ter(b) and 26.3ter(d). As a result, PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) shall not apply to the USPTO as receiving Office for as long as the aforementioned incompatibility exists.

PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). Also, PCT Rules 49ter.1(a)-(d) and 49ter.2(a)-(g) are not compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 119(a). Thus, the USPTO has made a notification of incompatibility with respect to these Rules pursuant to PCT Rules 49.5(l), 49ter.1(g) and 49ter.2(h). As a result, PCT Rules 49.5(c-bis), 49.5(k), 49ter.1(a)-(d) and 49ter.2(a)-(g) shall not apply to the USPTO as designated Office for as long as the aforementioned incompatibility exists. See the International Bureau’s notice published on the WIPO website at: www.wipo.int/ pct/en/texts/reservations/res_incomp.html.

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Last Modified: 11/04/2015 11:01:44