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PCT Notification No. 226
Patent Cooperation Treaty (PCT)

Certified Copy
Amendments to the Regulations under the Patent Cooperation Treaty (PCT)

Adopted on July 17, 2024, by the Assembly of the International Patent Cooperation Union (PCT Union) at its Fifty-Sixth (32nd Extraordinary) Session held from July 9 to 17, 2024, with effect from July 1, 2025

Table of Amendments [1]

Rule 26
Rule 89bis
Rule 92

AMENDMENTS

Rule 26
Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application

26.1 to 26.3bis [No change]

26.3ter Invitation to Correct Defects under Article 3(4)(i)

(a) Where the abstract or any text matter of the drawings is filed in a language which is different from the language, subject to Rules 12.1bis and 26.3ter(e), of the description and the claims, the receiving Office shall, unless

(i) a translation of the international application is required under Rule 12.3(a) into the language in which the international application is to be published, or

(ii) the abstract or the text matter of the drawings is in the language in which the international application is to be published,

invite the applicant to furnish a translation of the abstract or the text matter of the drawings into the language in which the international application is to be published. Rules 26.1, 26.2, 26.3, 26.3bis, 26.5 and 29.1 shall apply mutatis mutandis.

(b) to (e) [No change]

Rule 89bis
Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means

89bis.1 International Applications

(a) International applications may, subject to paragraphs (b) to (e), be filed and processed in electronic form or by electronic means, in accordance with the Administrative Instructions.

(b) to (d) [No change]

(d-bis) A national Office or intergovernmental organization, other than the International Bureau, that has made a notification under paragraph (d) may notify the International Bureau that it will only receive international applications if they are filed in electronic form or by electronic means.  The International Bureau shall publish a notification made under this paragraph in the Gazette.

(d-ter) A national Office or intergovernmental organization that has made a notification under paragraph (d) but not paragraph (d-bis) may notify the International Bureau that any application filed on paper must be resubmitted by electronic means within two months from the date of an invitation by such Office or organization.  If corresponding documents are not timely received, the international application shall be considered withdrawn and the receiving Office shall so declare.  The International Bureau shall publish a notification made under this paragraph in the Gazette.

(e) [No change]

89bis.2 Other Documents

Rule 89bis.1 shall apply mutatis mutandis to other documents and correspondence relating to international applications, provided that, where a national Office or intergovernmental organization has made a notification under Rule 89bis.1(d-ter), any such documents or correspondence filed on paper and not resubmitted by electronic means within two months from the date of a corresponding invitation shall be disregarded.

89bis.3 [No change]

Rule 92
Correspondence

92.1 [No change]

92.2 Languages

(a) to (d) [No change]

(e) Any letter or notification from the International Bureau to the applicant or to any national Office shall be in English, French or any other language of publication as may be permitted by the Administrative Instructions.

92.3 and 92.4 [No change]

I hereby certify that the foregoing is a true copy of the original text, in English, of the amendments to the Regulations under the Patent Cooperation Treaty (PCT) adopted on July 17, 2024, by the Assembly of the International Patent Cooperation Union (PCT Union) at its fifty sixth (32nd extraordinary) session held from July 9 to 17, 2024, with effect from July 1, 2025.

For the Director General,
Anna Morawiec Mansfield
Legal Counsel
World Intellectual Property Organization

December 3, 2024

1. The amendments to Rules 89bis and 92 shall enter into force on July 1, 2025.

The amendments to Rule 26 shall enter into force on July 1, 2025, and shall apply to any international application with an international filing date that is on or after that date.