PCT AG-IP 5.023 How are questions of residence and nationality determined?

Rule 18.1

5.023.   How are questions of residence and nationality determined?  The question whether an applicant is a resident or national of a Contracting State depends on the national law of that State and is decided by the receiving Office.  In any case, however, possession of a real and effective industrial or commercial establishment in a Contracting State is considered residence in that State, and a legal entity constituted according to the national law of a Contracting State is considered a national of that State.  Where a question of the applicant’s residence or nationality arises in connection with an international application filed with the International Bureau as receiving Office, the International Bureau will request the national Office of, or acting for, the Contracting State concerned to decide the question and will inform the applicant of such request.  The applicant has the opportunity to submit arguments relating to the issue of residence or nationality directly to that national Office, which will decide the question promptly.

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

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase