PCT AG-IP 5.008 Where should an international application be filed?

Article 10
Rule 19.1(a)
19.2

5.008.   Where should an international application be filed?  Annexes B indicate, for each Contracting State, the authorities with which its nationals and residents may, as applicants, file international applications.  In the terminology of the PCT, these authorities are called "receiving Offices" (because they receive international applications).  They are listed with their full names and addresses, their telephone, facsimile and/or teleprinter numbers and, where available, their e-mail and/or Internet addresses, in Annexes B, and the requirements of each receiving Office are listed in Annex C.  Where there are several applicants who are not all nationals and/or residents of the same Contracting State, any receiving Office of or acting for a Contracting State of which at least one of the applicants is a resident or national is competent to receive an international application filed by those applicants.  Alternatively, at the applicant’s option, the international application may be filed with the International Bureau as receiving Office, regardless of the Contracting State of which the applicant is a resident or national.  If there are two or more applicants, the international application may be filed with the International Bureau as receiving Office if at least one of the applicants is a resident or national of a Contracting State.  Residents or nationals of States which are party to the PCT and also to the ARIPO Harare Protocol, to the Eurasian Patent Convention, to the European Patent Convention, or to the OAPI Agreement generally also have the option of filing an international application with the ARIPO Office, the Eurasian Patent Office, the European Patent Office, or the OAPI Office, respectively.  Compliance with any national security prescriptions applicable under national law is the applicant’s responsibility.  As to measures which may be applied by receiving Offices in connection with such prescriptions, see paragraph 6.010.

Article 31(2)(a)
Rule 18.1
54

5.009.   Applicants may have a choice between several receiving Offices, for example, where there are two or more applicants whose States of nationality and residence include more than one Contracting State, or where a sole applicant has nationality and/or residence in more than one Contracting State.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 24 November 2017

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PCT Applicant's Guide - International Phase