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PCT Receiving Office Guidelines

Chapter VI: Article 14 Check and Other Formal Requirements

FORMAL REQUIREMENTS

Form of the Request

75. The receiving Office checks whether the request is:

(a) made on Form PCT/RO/101;

(b) presented as a computer print-out, the layout and contents of which correspond to the format of Form PCT/RO/101 (Rule 3.1 and Section 102(h)); or

(c) presented in any other format permitted for the presentation of the request as a computer print-out, as may be determined by the Director General; any such format having been published in the Official Notices (PCT Gazette) (Section 102(i)).

75A. Where the request is presented as a computer print-out corresponding to the format of Form PCT/RO/101, the receiving Office checks whether that print-out complies with Section 102(h).  If neither Form PCT/RO/101 nor a computer print-out complying with the requirements under Section 102(h) is used, the receiving Office draws the applicant’s attention to that fact and invites (Form PCT/RO/106) the applicant to fill in a copy (sent together with the invitation) of Form PCT/RO/101 and to return the duly filled-in copy to it within a time limit fixed in the invitation. The filled-in request form may not contain differences in relation to the request filed on the international filing date. Where certain indications concerning the applicant (paragraphs 78 to 87A and 95 to 97), the inventor (paragraphs 88 to 97), the agent or the common representative (paragraphs 117 to 121) do not correspond to indications made on the date on which the international application was filed, the procedure outlined in paragraphs 309 to 312 applies. Where two or more languages are accepted by the receiving Office for the filing of international applications, see paragraph 60. All indications which may be contained in the request are dealt with in the following paragraphs except for those relating to claiming priority and declarations relating to national requirements which are dealt with separately, in Chapters VII and VIIbis, respectively.

75B. The following paragraphs 76 to 128 relate to Form PCT/RO/101 and to computer print-outs corresponding to that Form.