What happens to the filing date of an international application submitted to a non-competent receiving Office?

When an international application is submitted to a non-competent receiving Office, the filing date can still be retained if the applicant meets specific criteria. This is governed by the procedures outlined in the Patent Cooperation Treaty (PCT).

If the applicant submits the international application to an office that is not competent to act on that application, as long as the application is later submitted to a competent authority (like the USPTO), and if the applicant fulfills certain requirements—such as rectifying the error within a designated time frame—the original filing date can be preserved.

This provision is crucial because it allows applicants to avoid the substantial consequences that could arise from losing their filing date, such as losing the priority of their invention. In contrast to this, choosing the wrong office or failing to meet the criteria could lead to losing the original filing date, making it critical for applicants to understand these requirements when filing internationally.