PCT Receiving Office Guidelines

Chapter XVIII: Items to be Transmitted to Another Authority

Transmittal of Demand under Rule 59.3

328. Where a demand under Chapter II of the Treaty is submitted to the receiving Office and only one International Preliminary Examining Authority is competent, the receiving Office proceeds as outlined in Rule 59.3(a) and (f), that is, it marks the date of receipt on the demand and,

(i) it either forwards the demand to the International Bureau, which will in turn transmit it to the competent International Preliminary Examining Authority, or

(ii) it transmits it directly to the competent International Preliminary Examining Authority.

The receiving Office notifies (Form PCT/RO/153) the applicant accordingly and sends a copy of that notification to the International Bureau or to the competent International Preliminary Examining Authority, as the case may be.

329. Where a demand under Chapter II of the Treaty is submitted to the receiving Office and more than one International Preliminary Examining Authority is competent, the receiving Office proceeds as outlined in Rule 59.3(a) and (f), that is, it marks the date of receipt on the demand and,

(i) it either forwards the demand to the International Bureau, which will in turn invite the applicant to indicate the competent International Preliminary Examining Authority, or

(ii) it invites (Form PCT/RO/154) the applicant to indicate, within 15 days from the date of the invitation or before the expiration of the applicable time limit under Rule 54bis.1(a), whichever is later, the competent International Preliminary Examining Authority to which the demand should be transmitted. Where such indication is timely furnished, the receiving Office transmits the demand to that Authority (Form PCT/RO/153). The receiving Office notifies (Form PCT/RO/153) the applicant accordingly and sends a copy of that notification to the International Bureau or to the competent International Preliminary Examining Authority, as the case may be.

330. Any demand so transmitted to the competent Authority will be considered to have been received by the receiving Office on behalf of that Authority on the date marked on it (Rule 59.3(e)).

331. Where the demand is submitted after the expiration of 19 months from the priority date to a receiving Office, and the time limit under Article 22(1), as in force from April 1, 2002 does not apply in respect of all designated Offices, the receiving Office shall promptly notify the applicant accordingly (Section 334). Forms PCT/RO/153 and PCT/RO/154 contain a check-box for that purpose. The applicant should, in such case, also be informed by telephone or facsimile transmission. Since the receiving Office is generally not in a position to determine whether the date of receipt of the demand is after the expiration of the applicable time limit under Rule 54bis.1(a), the applicant's attention should be drawn to the fact that, should the applicable time limit have already expired, the competent International Preliminary Examining Authority will notify the applicant accordingly at a later date. Forms PCT/RO/153 and PCT/RO/154 also contain a check-box for that purpose.

332. Where the applicant has not, within the time limit referred to in the invitation (Form PCT/RO/154), indicated the competent International Preliminary Examining Authority to which the demand should be transmitted, the demand is considered not to have been submitted and the receiving Office so declares (Form PCT/RO/155).