# MPEP § 1803: Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S1803

## Section

- **Citation:** MPEP § 1803
- **Heading:** Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 1800 - Patent Cooperation Treaty / MPEP § 1803

## Text

The United States of America had originally declared that it was not
bound by Chapter II (
PCT Article 64(1)
), but withdrew that reservation on July 1,
1987.
It has also declared that, as far as the United States of America is
concerned, international publication is not required (
PCT Article 64
(3)
). Accordingly, under
PCT Article 64(3)(b)
, if the United
States is the only PCT Contracting State designated in an international application, the
international application will not be published by the International Bureau (IB) at 18
months. Even though the United States Patent and Trademark Office has pre-grant
publication under
35
U.S.C. 122(b)
, the United States has not removed its reservation
under
PCT Article
64(3)
because not all United States patent applications are
published. See
35
U.S.C. 122(b)(2)
. The application will, however, be published
under
35 U.S.C.
122(b)
if it enters the national stage in the United States. It
will be published again if it is allowed to issue as a United States patent. This
reservation is still in effect.
The U.S. Receiving Office continues to accept applications only in
English. See
35 U.S.C.
361(c)
.
PCT Rules 20.1(c)
,
26.3ter(a)
and
26.3ter(c)
permit an international filing
date to be accorded even though portions of an international application are in a
language not acceptable to the Receiving Office.
PCT Rules 20.1(c)
,
26.3ter(a)
and
26.3ter(c)
are not compatible with the
national law applied by the United States Patent and Trademark Office (USPTO) as
receiving Office. Thus, the USPTO has made a notification of incompatibility with
respect to these rules pursuant to
PCT Rules 20.1(d)
,
26.3ter(b)
and
26.3ter(d)
. As a result,
PCT Rules
20.1(c)
,
26.3ter(a)
and
26.3ter(c)
shall not apply to the USPTO
as receiving Office for as long as the aforementioned incompatibility exists.
PCT Rules
49.5(c-bis)
and
49.5(k)
continue
not to be compatible with the national law applied by the USPTO as a designated Office.
See
35 U.S.C.
371(c)(2)
ect to these rules pursuant to
PCT Rules 20.1(d)
,
26.3ter(b)
and
26.3ter(d)
. As a result,
PCT Rules
20.1(c)
,
26.3ter(a)
and
26.3ter(c)
shall not apply to the USPTO
as receiving Office for as long as the aforementioned incompatibility exists.
PCT Rules
49.5(c-bis)
and
49.5(k)
continue
not to be compatible with the national law applied by the USPTO as a designated Office.
See
35 U.S.C.
371(c)(2)
. As a result,
PCT Rules
49.5(c-bis)
and
49.5(k)
shall not
apply to the USPTO as designated Office for as long as the aforementioned
incompatibility exists.
For complete PCT reservations, declarations,
notifications and incompatibilities, please see the International Bureau's notice
published on the WIPO website at:
www.wipo.int/pct/en/texts/reservations/ res_incomp.html
.
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## Nearby sections

- [MPEP § 1801 Basic Patent Cooperation Treaty (PCT) Principles](https://www.frixlaw.com/law-library/statutes/MPEP_S1801.md)
- [MPEP § 1802 PCT Definitions](https://www.frixlaw.com/law-library/statutes/MPEP_S1802.md)
- [MPEP § 1803 Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America](https://www.frixlaw.com/law-library/statutes/MPEP_S1803.md)
- [MPEP § 1804 [Reserved]](https://www.frixlaw.com/law-library/statutes/MPEP_S1804.md)
- [MPEP § 1805 Where To File an International Application](https://www.frixlaw.com/law-library/statutes/MPEP_S1805.md)
- [MPEP § 1806 Applicants and Inventors](https://www.frixlaw.com/law-library/statutes/MPEP_S1806.md)
- [MPEP § 1807 Agent or Common Representative and General Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S1807.md)
- [MPEP § 1808 Change in or Revocation of the Appointment of an Agent or a Common Representative](https://www.frixlaw.com/law-library/statutes/MPEP_S1808.md)
- [MPEP § 1809 Access to the USPTO patent electronic filing system](https://www.frixlaw.com/law-library/statutes/MPEP_S1809.md)
- [MPEP § 1810 Filing Date Requirements](https://www.frixlaw.com/law-library/statutes/MPEP_S1810.md)
- [MPEP § 1811 [Reserved]](https://www.frixlaw.com/law-library/statutes/MPEP_S1811.md)
- [MPEP § 1812 Elements of the International Application](https://www.frixlaw.com/law-library/statutes/MPEP_S1812.md)
- [MPEP § 1817 PCT Member States](https://www.frixlaw.com/law-library/statutes/MPEP_S1817.md)
- [MPEP § 1818 [Reserved]](https://www.frixlaw.com/law-library/statutes/MPEP_S1818.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S1803. Check the current official text before relying on it. Not legal advice.