Detailed Answer with Legal References
Statement a)
False — Under PCT Rule 19.1(a)(ii), an applicant may file with the receiving office of the state of residence. Mr X resides in Portugal (a PCT contracting state), so he can file with RO/PT. However, the Portuguese Patent Office (RO/PT) accepts only Portuguese and English as filing languages (PCT Applicant’s Guide, Annex C for Portugal). Spanish is not accepted. Therefore, the statement is false.
Statement b)
False — According to PCT Article 9(1), at least one applicant must be a national or resident of a PCT contracting state. Argentina is not a contracting state. Therefore, Mr X has no entitlement to file a PCT application, whether via a national RO or directly with the International Bureau (IB). Filing is not possible.
Statement c)
False — A Moroccan national is entitled to file with RO/MA (Rule 19.1(a)(i) PCT), even if residing abroad. However, RO/MA accepts only French as a filing language (PCT Applicant’s Guide, Annex C for Morocco). Arabic is not accepted as a PCT filing language at this RO. Therefore, the statement is false.
Statment d)
False — Belgium has no national receiving office; the function is delegated to the European Patent Office acting as RO/EP for Belgian nationals/residents. While RO/EP accepts French, the statement says “with the Belgian Patent Office,” which is inaccurate, since that office does not itself act as RO. Therefore, strictly interpreted, the statement is false.
Exam tip
When assessing PCT filing options:
- Check eligibility — at least one applicant must have nationality or residence in a PCT contracting state (Art. 9 PCT).
- Check receiving office competence — not all national patent offices act as RO; some delegate to RO/EP or RO/IB.
- Check language requirements — each RO specifies the languages it accepts for filing (Annex C, PCT Applicant’s Guide).
- Be cautious with wording — “filing with a national office” is not the same as “filing via an RO delegated to another office.”
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.