Administrative Instructions under the Patent Cooperation Treaty

as in force from July 1, 2024

TABLE OF CONTENTS¹

PART 1: INSTRUCTIONS RELATING TO GENERAL MATTERS

Section 101: Abbreviated Expressions and Interpretation
Section 102: Use of the Forms
Section 102bis: [Deleted]
Section 103: Languages of the Forms Used by International Authorities
Section 104: Language of Correspondence
Section 105: Identification of International Application with Two or More Applicants
Section 106: Change of Common Representative
Section 107: Identification of International Authorities and of Designated and Elected Offices
Section 108: Correspondence Intended for the Applicant
Section 109: File Reference
Section 110: Dates
Section 111: Excuse of Delay in Meeting Time Limits and Extension of Time Limits under Rule 82quater
Section 112: Ceasing of Effect under Articles 24(1)(iii) and 39(2), Review under Article 25(2) and Maintaining of Effect under Articles 24(2) and 39(3)
Section 113: Special Fees Payable to the International Bureau
Section 114: Notification and Transfer of Fees
Section 115: Indications of States, Territories and Intergovernmental Organizations

PART 2: INSTRUCTIONS RELATING TO THE INTERNATIONAL APPLICATION

Section 201: Language of the International Application
Section 202: [Deleted]
Section 203: Different Applicants for Different Designated States
Section 204: Headings of the Parts of the Description
Section 204bis: Numbering of Claims
Section 205: Numbering and Identification of Claims upon Amendment
Section 206: Unity of Invention
Section 207: Arrangement of Elements and Numbering of Sheets of the International Application
Section 208: Sequence Listings
Section 209: Indications as to Deposited Biological Material on a Separate Sheet
Section 210: [Deleted]
Section 211: Declaration as to the Identity of the Inventor
Section 212: Declaration as to the Applicant’s Entitlement to Apply for and Be Granted a Patent
Section 213: Declaration as to the Applicant’s Entitlement to Claim Priority of Earlier Application
Section 214: Declaration of Inventorship
Section 215: Declaration as to Non-Prejudicial Disclosures or Exceptions to Lack of Novelty
Section 216: Notice of Correction or Addition of a Declaration under Rule 26ter
Section 217: Corrections Concerning Expressions, Etc., Not to Be Used in the International Application under Rule 9.2
Section 218: Processing of a Request for Omission of Information Referred to in Rules 48.2(l) and 94.1(e)

PART 3: INSTRUCTIONS RELATING TO THE RECEIVING OFFICE

Section 301: Notification of Receipt of Purported International Application
Section 302: Priority Claim Considered Not to Have Been Made
Section 303: Deletion of Additional Matter in the Request
Section 304: Invitation to Pay Fees before Date on Which They Are Due
Section 305: Identifying the Copies of the International Application
Section 305bis: Preparation, Identification and Transmittal of the Copies of the Translation of the International Application under Rules 12.3, 12.4 and 26.3ter(e)
Section 305ter: Identification and Transmittal of the Translation of an Earlier Application Furnished under Rule 20.6(a)(iii)
Section 306: Delayed Transmittal of Search Copy
Section 307: System of Numbering International Applications
Section 308: Marking of the Sheets of the International Application and of the Translation thereof under Rules 12.3, 12.4, 20.2, 20.4 and 26.3ter
Section 308bis: Marking of Later Submitted Sheets
Section 309: Procedure in the Case of Later Submitted Sheets Furnished for the Purposes of Incorporation by Reference
Section 310: Procedure in the Case of Later Submitted Sheets Not Furnished for the Purposes of Incorporation by Reference
Section 310bis: Procedure in the Case of Later Submitted Sheets Resulting in the Correction of the International Filing Date under Rule 20.5(c) or 20.5bis(c)
Section 310ter: Procedure in the Case of Later Submitted Sheets Furnished after the Expiration of the Applicable Time Limit Referred to in Rule 20.7
Section 311: Renumbering in the Case of Deletion, Substitution or Addition of Sheets of the International Application and of the Translation Thereof
Section 312: Notification of Decision Not to Issue Declaration that the International Application Is Considered Withdrawn
Section 313: Documents Filed with the International Application; Manner of Marking the Necessary Annotations in the Check List
Section 314: Correction or Addition of a Priority Claim under Rule 26bis
Section 315: Processing of Documents by the Receiving Office under Rule 26bis.3(h‑bis)
Section 316: Procedure in the Case Where the International Application Lacks the Prescribed Signature
Section 317: Transmittal of a Notice of Correction or Addition of a Declaration under Rule 26ter.1
Section 317bis: Transmittal of a Notice of Correction or Addition of an indication under Rule 26quater.1
Section 318: Cancellation of Designations of Non-Contracting States
Section 319: Procedure under Rule 4.9(b)
Section 320: Invitation to Pay Fees under Rule 16bis.1(a)
Section 321: Application of Moneys Received by the Receiving Office in Certain Cases
Section 322: Invitation to Submit a Request for Refund of the Search Fee
Section 323: Transmittal of Priority Documents to International Bureau
Section 324: Copy of Notification of the International Application Number and the International Filing Date under Rule 20.2(c)
Section 325: Corrections of Defects under Rule 26.4 and Rectifications of Obvious Mistakes under Rule 91
Section 326: Withdrawal by Applicant under Rule 90bis.1, 90bis.2 or 90bis.3
Section 327: Ex Officio Correction of Request by the Receiving Office
Section 328: Notifications Concerning Representation
Section 329: Correction of Indications Concerning the Applicant’s Residence or Nationality
Section 330: Transmittal of Record Copy Prevented or Delayed by National Security Prescriptions
Section 331: Receipt of Confirmation Copy
Section 332: Notification of Languages Accepted by the Receiving Office under Rules 12.1(a), (c) and (d) and 12.4(a)
Section 333: Transmittal of International Application to the International Bureau as Receiving Office
Section 334: Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 335: Procedures Relating to Sequence Listings
Section 336: Waivers under Rules 90.4(d) and 90.5(c)
Section 337: [Deleted]

PART 4: INSTRUCTIONS RELATING TO THE INTERNATIONAL BUREAU

Section 401: Marking of the Sheets of the Record Copy
Section 402: Correction or Addition of a Priority Claim under Rule 26bis
Section 403: Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
Section 404: International Publication Number of International Application
Section 405: Publication of Notifications of Languages Accepted by the Receiving Office under Rules 12.1(a), (c) and (d) and 12.4(a)
Section 406: Publication of International Applications
Section 406bis: Suggested English Translation of the Title of the Invention
Section 407: The Gazette
Section 408: Priority Application Number
Section 409: Priority Claim Considered Not to Have Been Made
Section 410: Numbering of Sheets for the Purposes of International Publication; Procedure in Case of Missing or Erroneously Filed Sheets
Section 411: Receipt of Priority Document
Section 411bis: Receipt of Translation of Earlier Application under Rule 20.6(a)(iii)
Section 412: Notification of Lack of Transmittal of Search Copy
Section 413: Incorporations by Reference under Rule 20.6, Corrections of Defects under Rule 26.4 and Rectifications of Obvious Mistakes under Rule 91
Section 413bis: Rectifications of Obvious Mistakes under Rule 91
Section 414: Notification to the International Preliminary Examining Authority Where the International Application Is Considered Withdrawn
Section 415: Notification of Withdrawal under Rule 90bis.1, 90bis.2, 90bis.3, 90bis.3bis or 90bis.4
Section 416: Correction of Request in Record Copy
Section 417: Processing of Amendments under Article 19
Section 418: Notifications to Elected Offices Where the Demand Is Considered Not to Have Been Submitted or Made
Section 419: Processing of a Declaration under Rule 26ter
Section 419bis: Processing of Corrections or Additions under Rule 26quater
Section 420: Copy of International Application, International Search Report and Supplementary International Search Report for the International Preliminary Examining Authority
Section 420bis: Communication of Other Documents to Elected Offices
Section 421: Invitation to Furnish a Copy of the Priority Document
Section 422: Notifications Concerning Changes Recorded under Rule 92bis.1
Section 422bis: Objections Concerning Changes in the Person of the Applicant Recorded under Rule 92bis.1(a)
Section 423: Cancellation of Designations and Elections
Section 424: Procedure under Rule 4.9(b)
Section 425: Notifications Concerning Representation
Sections 426 to 429: [Deleted]
Section 430: Notification of Designations under Rule 32
Section 431: Publication of Notice of Submission of Demand
Section 432: Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 433: Waivers under Rule 90.4(d)
Section 434: Publication of Information Concerning Waivers under Rules 90.4(d) and 90.5(c)
Section 435: Communication of Publications and Documents
Section 436: Preparation, Identification and Transmittal of the Copies of the Translation of the International Application

PART 5: INSTRUCTIONS RELATING TO THE INTERNATIONAL SEARCHING AUTHORITY

Section 501: [Deleted]
Section 502: Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
Section 503: Method of Identifying Documents Cited in the International Search Report and the Written Opinion of the International Searching Authority
Section 504: Classification of the Subject Matter of the International Application
Section 505: Indication of Citations of Particular Relevance in the International Search Report
Section 506: [Deleted]
Section 507: Manner of Indicating Certain Special Categories of Documents Cited in the International Search Report
Section 508: Manner of Indicating the Claims to Which the Documents Cited in the International Search Report Are Relevant
Section 509: International Search and Written Opinion of the International Searching Authority on the Basis of a Translation of the International Application
Section 510: Refund of Search Fee in Case of Withdrawal of International Application
Section 511: Rectifications of Obvious Mistakes under Rule 91
Section 512: Notifications Concerning Representation
Section 513: Sequence Listings
Section 514: Authorized Officer
Section 515: Modification of Abstract in Response to Applicant’s Comments
Section 516: Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 517: Waivers under Rules 90.4(d) and 90.5(c)
Section 518: Guidelines for Explanations Contained in the Written Opinion of the International Searching Authority
Section 519: Notification of Receipt of Copy of International Application for the Purposes of Supplementary International Search
Section 520: Withdrawal by Applicant under Rule 90bis.3bis

PART 6: INSTRUCTIONS RELATING TO THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

Section 601: Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 602: Processing of Amendments by the International Preliminary Examining Authority
Section 602bis: Transmittal of Other Documents to the International Bureau under Rule 71.1(b)
Section 603: Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
Section 604: Guidelines for Explanations Contained in the International Preliminary Examination Report
Section 605: File to Be Used for International Preliminary Examination
Section 606: Cancellation of Elections
Section 607: Rectifications of Obvious Mistakes under Rule 91
Section 608: Notifications Concerning Representation
Section 609: Withdrawal by Applicant under Rules 90bis.1, 90bis.2 or 90bis.3
Section 610: Sequence Listings
Section 611: Method of Identification of Documents in the International Preliminary Examination Report
Section 612: Authorized Officer
Section 613: Invitation to Submit a Request for Refund of Fees under Rule 57.4 or 58.3
Section 614: Evidence of Right to File Demand
Section 615: Invitation to Pay Fees before Date on Which They Are Due
Section 616: International Preliminary Examination on the Basis of a Translation of the International Application
Section 617: Waivers under Rules 90.4(d) and 90.5(c)

PART 7: INSTRUCTIONS RELATING TO THE FILING AND PROCESSING IN ELECTRONIC FORM OF INTERNATIONAL APPLICATIONS

Section 701: Abbreviated Expressions
Section 702: Filing, Processing and Communication in Electronic Form of International Applications
Section 703: Filing Requirements; Basic Common Standard
Section 704: Receipt; International Filing Date; Signature; Physical Requirements
Section 705: Home Copy, Record Copy and Search Copy Where International Application Is Filed in Electronic Form
Section 705bis: Processing in Electronic Form of International Applications Filed on Paper
Section 705ter: Processing of International Applications Filed in or Scanned into Electronic Form in a Converted Electronic Format
Section 706: Documents in Pre-Conversion Format
Section 707: Calculation of International Filing Fee and Fee Reduction
Section 708: Special Provisions Concerning Legibility, Completeness, Infection by Viruses, Etc.
Section 709: Means of Communication with the Applicant
Section 710: Notification and Publication of Receiving Offices' Requirements and Practices
Section 711: Electronic Records Management
Section 712: Access to Electronic Records
Section 713: Application of Provisions to International Authorities and the International Bureau, and to Notifications, Communications, Correspondence and Other Documents
Section 714: Furnishing by the International Bureau of Copies of Documents Kept in Electronic Form; Designated Offices’ Signature Requirements
Section 715: Availability of Priority Documents from Digital Libraries
Section 716: Request that Priority Document Be Obtained from a Digital Library under Rule 17.1(b-bis)

PART 8: INSTRUCTIONS RELATING TO OBSERVATIONS BY THIRD PARTIES

Section 801: Third Party Observation System
Section 802: Filing of a Third Party Observation
Section 803: Availability of an Observation and Related Information
Section 804: Notification of Receipt of an Observation to the Applicant and Comments by the Applicant in Response to an Observation
Section 805: Communication of Observations and Comments to International Authorities and Designated Offices

ANNEX A: FORMS

ANNEX B: UNITY OF INVENTION

ANNEX C: INSTRUCTIONS RELATING TO THE PRESENTATION OF NUCLEOTIDE AND AMINO ACID SEQUENCE LISTINGS IN INTERNATIONAL PATENT APPLICATIONS UNDER THE PCT

ANNEX D: INFORMATION FROM FRONT PAGE OF PUBLISHED INTERNATIONAL APPLICATION TO BE INCLUDED IN THE GAZETTE UNDER RULE 86.1(i)

ANNEX E: INFORMATION TO BE PUBLISHED IN THE GAZETTE UNDER RULE 86.1(v)

ANNEX F: Standard for the Electronic Filing and Processing of International Applications

ANNEX G: NOTIFICATION OF RECEIPT AND TRANSFER OF FEES

Editor’s Note: Table of Contents and Editor’s Notes are added for the convenience of the reader; they do not form part of the Administrative Instructions.

Administrative Instructions under the Patent Cooperation Treaty

as in force from July 1, 2024

TABLE OF CONTENTS1

TABLE OF CONTENTS¹