10.004. On what conditions may a demand for international preliminary examination be submitted? There are two conditions which have to be fulfilled for a demand to be submitted. First, the applicant – or, if there are two or more applicants, at least one of them – must be a resident or a national of a Contracting State bound by Chapter II of the PCT. Second, the international application must have been filed with the receiving Office of, or acting for, a Contracting State bound by Chapter II. Annexes A and B indicate whether or not each Contracting State is bound by Chapter II. Potential applicants who have residence and/or nationality in more than one Contracting State, and thus generally have a choice of receiving Office, should therefore file the international application with a receiving Office of or acting for a Contracting State bound by Chapter II if they wish to take advantage later of the international preliminary examination procedure. However, it should be noted that the right to make a demand may be lost if, following a change in the applicants named in the international application, there is no longer, at the time the demand is made, at least one applicant who is a resident or national of a Contracting State bound by Chapter II. The concepts of residence and nationality are defined in Rule 18.1 (see paragraph 5.023). If the applicant does not have the right to make a demand, the demand is considered not to have been submitted.
Date retrieved: 02 November 2015