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1830 MANUAL OF PATENT EXAMINING PROCEDURE
claim additions or changes must, however, be submitted
no later than 4 months from the international filing
date. PCT Rule 26 bis.1 arid 37 CFR 1.451 and 1.465.
Under the PCT procedure, the applicant may file
the certified copy of the earlier filed national application
together with the international application in the
receiving Office for transmittal with the record copy,
or alternatively the certified copy may be submitted
by the applicant to the International Bureau or the
receiving Office not later than 16 months from the priority
date or, if the applicant has requested early processing
in any designated Office, not later than the
time such processing or examination is requested. The
International Bureau will normally furnish copies of
the certified copy to the various designated Offices so
that the applicant will not normally be required to
submit certified copies to each designated Office.
For use of the priority document in national stage
applications filed under 35 U.S.C. 371, see MPEP
§1893.03(c).
1830 International Application
Transmittal Letter
A PCT international application transmittal letter,
Form PTO-1382, is available free of charge for applicants
to use when filing PCT international applications
with the United states Receiving Office. The
form is intended tosimplify the filing of PCT international
applications by providing a one-page letter
which covers the most common requests and concerns
of applicants. Specifically covered are:
(A) Requests under 37 CFR 1.451 for preparation
and transmittal to the International.Bureau of certified
copies of the U.S. national applications, the priority of
which is claimed in international application;
(B) Choice of Searching Authority to conduct the
international search. Applicants may choose eitherthe
U.S. Patent and Trademark Office or the European
Patent Office as the International Searching Authority.
(C) Authorizations for any required additional
search fees requested by the United States, International
Searching Authority to be charged to a Deposit
Account subject to oral confirmation of the authorization.
It should be noted that if the European Patent
Office is chosen as the Searching Authority, any supplemental
search fees requested by that Office are
payable directly to the European Patent Office.
August 2001 1800-38
(D) Indications of information concerning differences
in disclosure, if any, between the international
application and related applications to assist in determining
any foreign transmittal licensing requirements
as well as for other purposes; and
(E) Requests for foreign transmittal license.
1832 License Request for Foreign
Filing Under the rcr
A license for foreign filing is not required to file an
international application in the United States Receiving
Office but may be required before the applicant or
the U.S. Receiving Office can forward a copy of the
international application to aforeign patent office, the
International Bureau or other foreign authority (35
U.S.C. 368, 37 CFR 5.1 and 5.11). A foreign filing
license to permit transmittal to a foreign office or
international authority is not required if the international
application does not disclose subject matter in
addition to that disclosed in a prior U.S. national
application filed more than 6 months prior to the filing
of the international application (37 CFR 5.11(a».
In all other instances (direct foreign filings outside the
PCT or filings in a foreign receiving Office), the
applicant should petition for a license forforeign filing
(37 CFR 5.12) and if appropriate, identify any
additional subject matter in the internationalapplication
which was not in the earlier U.S. national application
(37 CFR 5.14 (c». This request and disclosure
information may be supplied on the PCT international
application transmittal letter, Form PTO-1382.
If no petition or request for a foreign filing license
is included in the international application, and it is
clear that a license is required because of the designation
of foreign countries and the time at which the­
Record Copy must be transmitted, it is current Office
practice to construe the filing of such an international
application to include a request for a foreign filing
license. If the license can be granted, it will be issued
without further correspondence. If no license can be
issued, or further information is required, applicant
will be contacted. The automatic request for a foreign
filing license does not apply to the filing of a foreign
application outside the PCT.
EFFECT OF SECRECY ORDER
If a secrecy order is applied to an international
application, the application will not be forwarded