PCT International Search and Preliminary Examination Guidelines
PART VIII CLERICAL AND ADMINISTRATIVE PROCEDURES
Chapter 22 Clerical and Administrative Procedures
Applicant's Entitlement to File a Demand
22.07 The International Preliminary Examining Authority checks whether the applicant is entitled to file the demand. An applicant is entitled to file a demand if he is a resident or national of a Contracting State bound by Chapter II of the Treaty and if the international application was filed with a receiving Office of, or acting for, a Contracting State bound by Chapter II of the Treaty. Currently (as of January 1, 2004) all Contracting States are bound by Chapter II.
Article 31(2); Rules 54.2, 54.4; Section 614
22.08 If there are two or more applicants, it is sufficient if at least one of the applicants making the demand is a national or resident of a Contracting State bound by Chapter II of the Treaty, irrespective of the elected States for which that applicant is indicated (see also paragraph 22.34). If none of the applicants has the right to make a demand under Rule 54.2, the demand is considered by the International Preliminary Examining Authority as not having been submitted (Form PCT/IPEA/407). In addition, if there is little time remaining prior to the expiration of 19 months from the priority date, the applicant should be informed as quickly as possible so that the applicant can timely enter the national phase in any designated State where a notification in respect of the modification to Article 22(1), adopted by the PCT Assembly with effect from April 1, 2002, is still in force.
22.09 The international application must have been filed with the receiving Office of a Contracting State bound by Chapter II, or acting for such a State. Where the receiving Office acts for two or more Contracting States, at least one of the applicants who filed the demand must be a resident or national of a Contracting State bound by Chapter II for which the receiving Office acts.
22.10 Where the applicant named on the demand is not the same as the applicant indicated on the request, the International Preliminary Examining Authority must check that the new applicant is entitled to make that demand.