Go to MPEP - Table of Contents
18.1 Residence and Nationality - Patent Cooperation Treaty
§ 18.1 Residence and Nationality
(a) Subject to the provisions of paragraphs (b) and (c), the question whether an applicant is a resident or national of the Contracting State of which he claims to be a resident or national shall depend on the national law of that State and shall be decided by the receiving Office.
(b) In any case,
(i) possession of a real and effective industrial or commercial establishment in a Contracting State shall be considered residence in that State, and
(ii) a legal entity constituted according to the national law of a Contracting State shall be considered a national of that State.
(c) Where the international application is filed with the International Bureau as receiving Office, the International Bureau shall, in the circumstances specified in the Administrative Instructions, request the national Office of, or acting for, the Contracting State concerned to decide the question referred to in paragraph (a). The International Bureau shall inform the applicant of any such request. The applicant shall have an opportunity to submit arguments directly to the national Office. The national Office shall decide the said question promptly.
Go to MPEP - Table of Contents