PCT Receiving Office Guidelines
as in force from July 1, 2024
TABLE OF CONTENTS
Chapter I: Introduction
Chapter II: General
- Marking of the Sheets of the International Application, Documents and Correspondence Relating Thereto
- Use of Facsimile Machine and Other Like Means of Communication; Date of Receipt
- Computation of Time Limits
- Documents and Correspondence
- Irregularities in the Mail Service and Excuse of Delay in Meeting Time Limits
- Forms
Chapter III: National Security Clearance
Chapter IV: Article 11(1) Check; Requirements for International Filing Date
- Receipt of Purported International Application
- Requirements for According an International Filing Date (Article 11(1))
- Positive Determination (Requirements of Article 11(1) Fulfilled)
- Defects under Article 11(1)
- Correction under Article 11(2)
- Confirmation of Incorporation by Reference of Missing Elements under Rule 20.6(a)
- Later Finding of Non-Compliance with Requirements of Article 11(1)
Chapter V: Language Check (Article 3(4)(i); Rules 12.1, 12.3, 12.4 and 26.3ter)
- General
- Language of Request
- Language of Abstract and Text Matter of the Drawings
- Language of Description and Claims
- Language(s) Accepted for the Purposes of International Search and International Publication
- Requirements of the Competent International Searching Authority as to the Language of the International Application
- Language Not Accepted for the Purposes of International Search
- Language Not Accepted for the Purposes of International Publication
- Invitation to Furnish Translation for the Purposes of International Search and Late Furnishing Fee
- Invitation to Furnish Translation for the Purposes of International Publication and Late Furnishing Fee
- Checking of Translation
- Failure to Furnish the Required Translation
Chapter VI: Article 14 Check and Other Formal Requirements
- Form of the Request
- Applicant's File Reference
- Title of the Invention
- Indications in the Request Concerning Applicant and Inventor
- Designation of States
- Kind of Protection or Treatment
- Non-Prejudicial Disclosures
- The Competent International Searching Authority
- Reference to Parent Application or Grant
- Use of Earlier Search and Classification Results
- Reference to Earlier Search
- Incomplete or Incorrect Indications or Missing or Inconsistent Earlier Search Results
- Transmission of the earlier search and classification results to the International Searching Authority by the receiving Office where the applicant did not make a request under Rule 4.12
- Informal Comments on Earlier Search Results
- Missing Indications or Missing Informal Comments
- Submission of Informal Comments After the Filing of the International Application
- Agent, Common Representative and Address for Correspondence
- Signature
- Compliance with the Physical Requirements Referred to in Rule 11
Chapter VII: Priority Claims and Priority Documents
- Requirements for Priority Claims
- Restoration of the Right of Priority
- Restoration of the Right of Priority
- Non-Acceptance by Receiving Office
- Receipt of a Request for the Restoration of the Right of Priority
- Time Limit under Rule 26bis.3(e)
- Checking of Formal Requirements
- Statement of Reasons
- Declaration and Evidence
- Criteria Applied by the Receiving Office
- Unintentionality Criterion
- Due Care Criterion
- Documents or Parts Thereof Meeting the Criteria of Rule 26bis.3(h-bis).
- Intended Refusal of the Request to Restore the Right of Priority
- Decision and Notification to the Applicant
- Notification of the International Bureau
- Requirements Not Fulfilled
- Correction or Addition of Priority Claim on the Applicant's Own Initiative
- Transmittal to the International Bureau of a Priority Document Furnished by the Applicant
- Certification of an Earlier Application and Transmittal to the International Bureau
- Effect of a Change of Priority Date
Chapter VIIbis: Declarations Relating to National Requirements
Chapter VIII: Missing Parts or Erroneously Filed Elements or Parts in the International Application
- Missing Parts and Reference to Drawings in the International Application
- Erroneously Filed Elements or Parts
- Invitation to Applicant
- Sheets Pertaining to the International Application Received without Prior Invitation
- Processing of Later Received Sheets
- Sheets Completing an International Application under Rule 20.5(b) or (c)
- Procedure Where No Drawings Are Received in Response to the Invitation
- Sheets Correcting an International Application under Rule 20.5bis(b) or (c)
- Confirmation of Incorporation by Reference of Missing Parts or Correct Elements or Parts under Rule 20.6(a)
- Sheets Submitted under Rule 20.6(a)(i) Which Contain Matter Not Completely Contained in Earlier Application
- Processing of Erroneously Filed Elements or Parts Following Incorporation by Reference of Correct Elements or Parts
- Procedure Where Later Submitted Sheets Are Received outside the Time Limit
- Later Receipt of Abstract
Substitute Sheets under Rule 26 and Other Replacement Sheets
- Substitute Sheets under Rule 26
- Other Replacement Sheets
- Replacement Sheets of the Request Submitted Together with Request for Recording of Change
- Rectified Sheets
- Procedure in the Case of Correction of Defects under Rule 26 and Rectification of Obvious Mistakes under Rule 91
- Replacement Sheet Containing Correction under Rule 26 and Rectification of Obvious Mistakes under Rule 91
Chapter IX: Nucleotide and/or Amino Acid Sequence Listing
- General
- Procedure in the case of disclosure of sequences in a non-compliant file format
- Checking for Compliance with WIPO Standard ST.26 and Other Defects
- Subsequently Furnished Sequence Listing
- Incorporation by Reference; Missing and Erroneously Filed Parts
- Transmission of Sequence Listing between Offices
Chapter X: References to Deposited Microorganisms or Other Biological Material
- General
- References to Deposited Microorganisms or Other Biological Material as Part of the Description
- Requirements as to the Language of Sheets Containing References to Deposited Microorganisms or Other Biological Material
Chapter XI: Fees
- General
- Amounts, Prescribed Currencies and Reductions of Certain Fees
- Time Limits for Payment
- Notification Concerning Payment of Fees before the Date on Which They Are Due
- Notification to the International Bureau and the International Searching Authority of Receipt of Fees
- Invitation to Pay Fees after the Date on Which They Are Due
- Application of Moneys Received
- Failure to Pay the Prescribed Fees under Article 14(3)
- Refund of Fees
- Transfer of Fees
Chapter XII: Transmittal of International Application to International Bureau as Receiving Office (Rule 19.4)
- Transmittal of International Application for Reasons of Nationality and Residence of the Applicant, or Language or Electronic File Format of the Application (Rule 19.4(a)(i) to (ii-bis))
- Transmittal of International Application for Other Reasons (Rule 19.4(a)(iii))
- Request for Priority Document
Chapter XIII: Record Copy, Search Copy and Home Copy
- Preparation of Record Copy, Search Copy and Home Copy
- Transmittal to the International Bureau of the Record Copy of the International Application and Other Items
- Transmittal to the International Searching Authority of the Search Copy and Other Items
- Documents and Diskettes Not to Be Transmitted to the International Searching Authority
- National Security Clearance
Chapter XIV: [Deleted]
Chapter XV: Rectification of Obvious Mistakes under Rule 91
- Request for Rectification Submitted to the Receiving Office
- Transmittal to Another Authority of a Request for Rectification
- Invitation to the Applicant to Request Authorization of Rectification
Chapter XVI: Changes Concerning the Applicant, Inventor, Agent or Common Representative
Chapter XVII: Withdrawal of the International Application, Any Designation or Any Priority Claim
- Receipt of Notice Effecting Withdrawal of the International Application, Any Designation or Any Priority Claim under Rule 90bis.1, 90bis.2 or 90bis.3
- Transmittal of Notice Effecting Withdrawal
Chapter XVIII: Items to Be Transmitted to Another Authority
Chapter XIX: Miscellaneous
- Expressions, Etc., Not to Be Used (Rule 9)
- Information Meeting the Criteria of Rule 48.2(l)
- Access to the File held by the Receiving Office
- Certifying Copies of the International Application
- Notification about Right to Practice of Agent before Receiving Office
- Keeping of Records and Files
- Completion of Technical Preparations for International Publication by the International Bureau
- Certain Kinds of Documents to Be Returned to the Applicant
- Correction of Errors Made by the Receiving Office
Annex A: [Deleted]
Annex B: Examples of Typical Defects in the Request and Corrections Thereof