Regulations under the Patent Cooperation Treaty*
(as in force from July 1, 2024)**
TABLE OF CONTENTS***: [Long] [Short]
Long Table of contents:
Part A: Introductory Rules
Rule 1: Abbreviated Expressions
1.1: Meaning of Abbreviated Expressions
Rule 2: Interpretation of Certain Words
2.1: “Applicant”
2.2: “Agent”
2.2bis: “Common Representative”
2.3: “Signature”
2.4: “Priority Period”
Part B: Rules Concerning Chapter I of the Treaty
Rule 3: The Request (Form)
3.1: Form of Request
3.2: Availability of Forms
3.3: Check List
3.4: Particulars
Rule 4: The Request (Contents)
4.1: Mandatory and Optional Contents; Signature
4.2: The Petition
4.3: Title of the Invention
4.4: Names and Addresses
4.5: The Applicant
4.6: The Inventor
4.7: The Agent
4.8: Common Representative
4.9: Designation of States; Kinds of Protection; National and Regional Patents
4.10: Priority Claim
4.11: Reference to Continuation or Continuation-in-Part, or Parent Application or Grant
4.12: Taking into Account Results of Earlier Search
4.13: [Deleted]
4.14: [Deleted]
4.14bis: Choice of International Searching Authority
4.15: Signature
4.16: Transliteration or Translation of Certain Words
4.17: Declarations Relating to National Requirements Referred to in Rule 51bis.1(a)(i) to (v)
4.18: Statement of Incorporation by Reference
4.19: Additional Matter
Rule 5: The Description
5.1: Manner of the Description
5.2: Nucleotide and/or Amino Acid Sequence Disclosure
Rule 6: The Claims
6.1: Number and Numbering of Claims
6.2: References to Other Parts of the International Application
6.3: Manner of Claiming
6.4: Dependent Claims
6.5: Utility Models
Rule 7: The Drawings
7.1: Flow Sheets and Diagrams
7.2: Time Limit
Rule 8: The Abstract
8.1: Contents and Form of the Abstract
8.2: Figure
8.3: Guiding Principles in Drafting
Rule 9: Expressions, Etc., Not to Be Used
9.1: Definition
9.2: Noting of Lack of Compliance
9.3: Reference to Article 21(6)
Rule 10: Terminology and Signs
10.1: Terminology and Signs
10.2: Consistency
Rule 11: Physical Requirements of the International Application
11.1: Number of Copies
11.2: Fitness for Reproduction
11.3: Material to Be Used
11.4: Separate Sheets, Etc.
11.5: Size of Sheets
11.6: Margins
11.7: Numbering of Sheets
11.8: Numbering of Lines
11.9: Writing of Text Matter
11.10: Drawings, Formulae, and Tables, in Text Matter
11.11: Words in Drawings
11.12: Alterations, Etc.
11.13: Special Requirements for Drawings
11.14: Later Documents
Rule 12: Language of the International Application and Translations for the Purposes of International Search and International Publication
12.1: Languages Accepted for the Filing of International Applications
12.1bis: Language of Elements and Parts Furnished under Rule 20.3, 20.5, 20.5bis or 20.6
12.1ter: Language of Indications Furnished under Rule 13bis.4
12.2: Language of Changes in the International Application
12.3: Translation for the Purposes of International Search
12.4: Translation for the Purposes of International Publication
Rule 12bis: Submission by the Applicant of Documents Relating to Earlier Search
12bis.1: Furnishing by the Applicant of Documents Related to Earlier Search in Case of Request under Rule 4.12
12bis.2: Invitation by the International Searching Authority to Furnish Documents Related to Earlier Search in Case of Request under Rule 4.12
Rule 13: Unity of Invention
13.1: Requirement
13.2: Circumstances in Which the Requirement of Unity of Invention Is to Be Considered Fulfilled
13.3: Determination of Unity of Invention Not Affected by Manner of Claiming
13.4: Dependent Claims
13.5: Utility Models
Rule 13bis: Inventions Relating to Biological Material
13bis.1: Definition
13bis.2: References (General)
13bis.3: References: Contents; Failure to Include Reference or Indication
13bis.4: References: Time Limit for Furnishing Indications
13bis.5: References and Indications for the Purposes of One or More Designated States; Different Deposits for Different Designated States; Deposits with Depositary Institutions Other than Those Notified
13bis.6: Furnishing of Samples
13bis.7: National Requirements: Notification and Publication
Rule 13ter: Nucleotide and/or Amino Acid Sequence Listings
13ter.1: Procedure before the International Searching Authority
13ter.2: Procedure before the International Preliminary Examining Authority
13ter.3: Sequence Listing for Designated Office
Rule 14: The Transmittal Fee
14.1: The Transmittal Fee
Rule 15: The International Filing Fee
15.1: The International Filing Fee
15.2: Amount; Transfer
15.3: Time Limit for Payment; Amount Payable
15.4: Refund
Rule 16: The Search Fee
16.1: Right to Ask for a Fee
16.2: Refund
16.3: Partial Refund
Rule 16bis: Extension of Time Limits for Payment of Fees
16bis.1: Invitation by the Receiving Office
16bis.2: Late Payment Fee
Rule 17: The Priority Document
17.1: Obligation to Submit Copy of Earlier National or International Application
17.2: Availability of Copies
Rule 18: The Applicant
18.1: Residence and Nationality
18.2: [Deleted]
18.3: Two or More Applicants
18.4: Information on Requirements under National Law as to Applicants
Rule 19: The Competent Receiving Office
19.1: Where to File
19.2: Two or More Applicants
19.3: Publication of Fact of Delegation of Duties of Receiving Office
19.4: Transmittal to the International Bureau as Receiving Office
Rule 20: International Filing Date
20.1: Determination under Article 11(1)
20.2: Positive Determination under Article 11(1)
20.3: Defects under Article 11(1)
20.4: Negative Determination under Article 11(1)
20.5: Missing Parts
20.5bis: Erroneously Filed Elements and Parts
20.6: Confirmation of Incorporation by Reference of Elements and Parts
20.7: Time Limit
20.8: Incompatibility with National Laws
Rule 21: Preparation of Copies
21.1: Responsibility of the Receiving Office
21.2: Certified Copy for the Applicant
Rule 22: Transmittal of the Record Copy and Translation
22.1: Procedure
22.2: [Deleted]
22.3: Time Limit under Article 12(3)
Rule 23: Transmittal of the Search Copy, Translation and Sequence Listing
23.1: Procedure
Rule 23bis: Transmittal of Documents Relating to Earlier Search or Classification
23bis.1: Transmittal of Documents Relating to Earlier Search in Case of Request under Rule 4.12
23bis.2: Transmittal of Documents Relating to Earlier Search or Classification for the Purposes of Rule 41.2
Rule 24: Receipt of the Record Copy by the International Bureau
24.1: [Deleted]
24.2: Notification of Receipt of the Record Copy
Rule 25: Receipt of the Search Copy by the International Searching Authority
25.1: Notification of Receipt of the Search Copy
Rule 26: Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
26.1: Invitation under Article 14(1)(b) to Correct
26.2: Time Limit for Correction
26.2bis: Checking of Requirements under Article 14(1)(a)(i) and (ii)
26.3: Checking of Physical Requirements under Article 14(1)(a)(v)
26.3bis: Invitation under Article 14(1)(b) to Correct Defects under Rule 11
26.3ter: Invitation to Correct Defects under Article 3(4)(i)
26.4: Procedure
26.5: Decision of the Receiving Office
Rule 26bis: Correction or Addition of Priority Claim
26bis.1: Correction or Addition of Priority Claim
26bis.2: Defects in Priority Claims
26bis.3: Restoration of Right of Priority by Receiving Office
Rule 26ter: Correction or Addition of Declarations under Rule 4.17
26ter.1: Correction or Addition of Declarations
26ter.2: Processing of Declarations
Rule 26quater: Correction or Addition of Indications under Rule 4.11
26quater.1: Correction or Addition of Indications
26quater.2: Late Correction or Addition of Indications
Rule 27: Lack of Payment of Fees
27.1: Fees
Rule 28: Defects Noted by the International Bureau
28.1: Note on Certain Defects
Rule 29: International Applications Considered Withdrawn
29.1: Finding by Receiving Office
29.2: [Deleted]
29.3: Calling Certain Facts to the Attention of the Receiving Office
29.4: Notification of Intent to Make Declaration under Article 14(4)
Rule 30 : Time Limit under Article 14(4)
30.1: Time Limit
Rule 31: Copies Required under Article 13
31.1: Request for Copies
31.2: Preparation of Copies
Rule 32: Extension of Effects of International Application to Certain Successor States
32.1: Extension of International Application to Successor State
32.2: Effects of Extension to Successor State
Rule 33: Relevant Prior Art for the International Search
33.1: Relevant Prior Art for the International Search
33.2: Fields to Be Covered by the International Search
33.3: Orientation of the International Search
Rule 34: Minimum Documentation
34.1: Definition
Rule 35: The Competent International Searching Authority
35.1: When Only One International Searching Authority Is Competent
35.2: When Several International Searching Authorities Are Competent
35.3: When the International Bureau Is Receiving Office under Rule 19.1(a)(iii)
Rule 36: Minimum Requirements for International Searching Authorities
36.1: Definition of Minimum Requirements
Rule 37: Missing or Defective Title
37.1: Lack of Title
37.2: Establishment of Title
Rule 38: Missing or Defective Abstract
38.1: Lack of Abstract
38.2: Establishment of Abstract
38.3: Modification of Abstract
Rule 39: Subject Matter under Article 17(2)(a)(i)
39.1: Definition
Rule 40: Lack of Unity of Invention (International Search)
40.1: Invitation to Pay Additional Fees; Time Limit
40.2: Additional Fees
Rule 40bis: Additional Fees in Case of Missing Parts or Correct Elements and Parts Included in the International Application or Considered to Have Been Contained in the International Application
40bis.1: Invitation to Pay Additional Fees
Rule 41: Taking into Account Results of Earlier Search and Classification
41.1: Taking into Account Results of Earlier Search in Case of a Request under Rule 4.12
41.2: Taking into Account Results of Earlier Search and Classification in Other Cases
Rule 42: Time Limit for International Search
42.1: Time Limit for International Search
Rule 43: The International Search Report
43.1: Identifications
43.2: Dates
43.3: Classification
43.4: Language
43.5: Citations
43.6: Fields Searched
43.6bis: Consideration of Rectifications of Obvious Mistakes
43.7: Remarks Concerning Unity of Invention
43.8: Authorized Officer
43.9: Additional Matter
43.10: Form
Rule 43bis: Written Opinion of the International Searching Authority
43bis.1: Written Opinion
Rule 44: Transmittal of the International Search Report, Written Opinion, Etc.
44.1: Copies of Report or Declaration and Written Opinion
44.2: Title or Abstract
44.3: Copies of Cited Documents
Rule 44bis: International Preliminary Report on Patentability by the International Searching Authority
44bis.1: Issuance of Report; Transmittal to the Applicant
44bis.2: Communication to Designated Offices
44bis.3: Translation for Designated Offices
44bis.4: Observations on the Translation
Rule 45: Translation of the International Search Report
45.1: Languages
Rule 45bis: Supplementary International Searches
45bis.1: Supplementary Search Request
45bis.2: Supplementary Search Handling Fee
45bis.3: Supplementary Search Fee
45bis.4: Checking of Supplementary Search Request; Correction of Defects; Late Payment of Fees; Transmittal to Authority Specified for Supplementary Search
45bis.5: Start, Basis and Scope of Supplementary International Search
45bis.6: Unity of Invention
45bis.7: Supplementary International Search Report
45bis.8: Transmittal and Effect of the Supplementary International Search Report
45bis.9: International Searching Authorities Competent to Carry Out Supplementary International Search
Rule 46: Amendment of Claims before the International Bureau
46.1: Time Limit
46.2: Where to File
46.3: Language of Amendments
46.4: Statement
46.5: Form of Amendments
Rule 47: Communication to Designated Offices
47.1: Procedure
47.2: Copies
47.3: Languages
47.4: Express Request under Article 23(2) prior to International Publication
Rule 48 : International Publication
48.1: Form and Means
48.2: Contents
48.3: Languages of Publication
48.4: Earlier Publication on the Applicant's Request
48.5: Notification of National Publication
48.6: Announcing of Certain Facts
Rule 49: Copy, Translation and Fee under Article 22
49.1: Notification
49.2: Languages
49.3: Statements under Article 19; Indications under Rule 13bis.4
49.4: Use of National Form
49.5: Contents of and Physical Requirements for the Translation
49.6: Reinstatement of Rights after Failure to Perform the Acts Referred to in Article 22
Rule 49bis: Indications as to Protection Sought for Purposes of National Processing
49bis.1: Choice of Certain Kinds of Protection
49bis.2: Time of Furnishing Indications
Rule 49ter: Effect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority by Designated Office
49ter.1: Effect of Restoration of Right of Priority by Receiving Office
49ter.2: Restoration of Right of Priority by Designated Office
Rule 50: Faculty under Article 22(3)
50.1: Exercise of Faculty
Rule 51: Review by Designated Offices
51.1: Time Limit for Presenting the Request to Send Copies
51.2: Copy of the Notification
51.3: Time Limit for Paying National Fee and Furnishing Translation
Rule 51bis: Certain National Requirements Allowed under Article 27
51bis.1: Certain National Requirements Allowed
51bis.2: Certain Circumstances in Which Documents or Evidence May Not Be Required
51bis.3: Opportunity to Comply with National Requirements
Rule 52: Amendment of the Claims, the Description, and the Drawings, before Designated Offices
52.1: Time Limit
Part C: Rules Concerning Chapter II of the Treaty
Rule 53: The Demand
53.1: Form
53.2: Contents
53.3: The Petition
53.4: The Applicant
53.5: Agent or Common Representative
53.6: Identification of the International Application
53.7: Election of States
53.8: Signature
53.9: Statement Concerning Amendments
Rule 54: The Applicant Entitled to Make a Demand
54.1: Residence and Nationality
54.2: Right to Make a Demand
54.3: International Applications Filed with the International Bureau as Receiving Office
54.4: Applicant Not Entitled to Make a Demand
Rule 54bis: Time Limit for Making a Demand
54bis.1: Time Limit for Making a Demand
Rule 55: Languages (International Preliminary Examination)
55.1: Language of Demand
55.2: Translation of International Application
55.3: Language and Translation of Amendments and Letters
Rule 56: [Deleted]
Rule 57: The Handling Fee
57.1: Requirement to Pay
57.2: Amount; Transfer
57.3: Time Limit for Payment; Amount Payable
57.4: Refund
Rule 58: The Preliminary Examination Fee
58.1: Right to Ask for a Fee
58.2: [Deleted]
58.3: Refund
Rule 58bis: Extension of Time Limits for Payment of Fees
58bis.1: Invitation by the International Preliminary Examining Authority
58bis.2: Late Payment Fee
Rule 59: The Competent International Preliminary Examining Authority
59.1: Demands under Article 31(2)(a)
59.2: Demands under Article 31(2)(b)
59.3: Transmittal of the Demand to the Competent International Preliminary Examining Authority
Rule 60: Certain Defects in the Demand
60.1: Defects in the Demand
Rule 61: Notification of the Demand and Elections
61.1: Notification to the International Bureau and the Applicant
61.2: Notification to the Elected Offices
61.3: Information for the Applicant
61.4: Publication in the Gazette
Rule 62: Copy of the Written Opinion by the International Searching Authority and of Amendments under Article 19 for the International Preliminary Examining Authority
62.1: Copy of Written Opinion by International Searching Authority and of Amendments Made before the Demand Is Filed
62.2: Amendments Made after the Demand Is Filed
Rule 62bis: Translation for the International Preliminary Examining Authority of the Written Opinion of the International Searching Authority
62bis.1: Translation and Observations
Rule 63: Minimum Requirements for International Preliminary Examining Authorities
63.1: Definition of Minimum Requirements
Rule 64: Prior Art for International Preliminary Examination
64.1: Prior Art
64.2: Non-Written Disclosures
64.3: Certain Published Documents
Rule 65: Inventive Step or Non-Obviousness
65.1: Approach to Prior Art
65.2: Relevant Date
Rule 66: Procedure before the International Preliminary Examining Authority
66.1: Basis of the International Preliminary Examination
66.1bis: Written Opinion of the International Searching Authority
66.1ter: Top-up Searches
66.2: Written Opinion of the International Preliminary Examining Authority
66.3: Formal Response to the International Preliminary Examining Authority
66.4: Additional Opportunity for Submitting Amendments or Arguments
66.4bis: Consideration of Amendments, Arguments and Rectifications of Obvious Mistakes
66.5: Amendment
66.6: Informal Communications with the Applicant
66.7: Copy and Translation of Earlier Application Whose Priority Is Claimed
66.8: Form of Amendments
Rule 67: Subject Matter under Article 34(4)(a)(i)
67.1: Definition
Rule 68: Lack of Unity of Invention (International Preliminary Examination)
68.1: No Invitation to Restrict or Pay
68.2: Invitation to Restrict or Pay
68.3: Additional Fees
68.4: Procedure in the Case of Insufficient Restriction of the Claims
68.5: Main Invention
Rule 69: Start of and Time Limit for International Preliminary Examination
69.1: Start of International Preliminary Examination
69.2: Time Limit for International Preliminary Examination
Rule 70: International Preliminary Report on Patentability by the International Preliminary Examining Authority (International Preliminary Examination Report)
70.1: Definition
70.2: Basis of the Report
70.3: Identifications
70.4: Dates
70.5: Classification
70.6: Statement under Article 35(2)
70.7: Citations under Article 35(2)
70.8: Explanations under Article 35(2)
70.9: Non-Written Disclosures
70.10: Certain Published Documents
70.11: Mention of Amendments
70.12: Mention of Certain Defects and Other Matters
70.13: Remarks Concerning Unity of Invention
70.14: Authorized Officer
70.15: Form; Title
70.16: Annexes to the Report
70.17: Languages of the Report and the Annexes
Rule 71: Transmittal of the International Preliminary Examination Report and Related Documents
71.1: Recipients
71.2: Copies of Cited Documents
Rule 72: Translation of the International Preliminary Examination Report and of the Written Opinion of the International Searching Authority
72.1: Languages
72.2: Copy of Translation for the Applicant
72.2bis: Translation of the Written Opinion of the International Searching Authority Established under Rule 43bis.1
72.3: Observations on the Translation
Rule 73: Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority
73.1: Preparation of Copies
73.2: Communication to Elected Offices
Rule 74: Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof
74.1: Contents of Translation and Time Limit for Transmittal Thereof
Rule 75: [Deleted]
Rule 76: Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices
76.1: [Deleted]
76.2: [Deleted]
76.3: [Deleted]
76.4: Time Limit for Translation of Priority Document
76.5: Application of Certain Rules to Procedures before Elected Offices
Rule 77: Faculty under Article 39(1)(b)
77.1: Exercise of Faculty
Rule 78: Amendment of the Claims, the Description, and the Drawings, before Elected Offices
78.1: Time Limit
78.2: [Deleted]
78.3: Utility Models
Part D: Rules Concerning Chapter III of the Treaty
Rule 79: Calendar
79.1: Expressing Dates
Rule 80: Computation of Time Limits
80.1: Periods Expressed in Years
80.2: Periods Expressed in Months
80.3: Periods Expressed in Days
80.4: Local Dates
80.5: Expiration on a Non-Working Day or Official Holiday
80.6: Date of Documents
80.7: End of Working Day
Rule 81: Modification of Time Limits Fixed in the Treaty
81.1: Proposal
81.2: Decision by the Assembly
81.3: Voting by Correspondence
Rule 82: Irregularities in the Mail Service
82.1: Delay or Loss in Mail
Rule 82bis: Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits
82bis.1: Meaning of “Time Limit” in Article 48(2)
82bis.2: Reinstatement of Rights and Other Provisions to Which Article 48(2) Applies
Rule 82ter: Rectification of Errors Made by the Receiving Office or by the International Bureau
82ter.1: Errors Concerning the International Filing Date and the Priority Claim
Rule 82quater: Excuse of Delay in Meeting Time Limits and Extension of Time Limits
82quater.1: Excuse of Delay in Meeting Time Limits
82quater.2: Unavailability of Electronic Means of Communication at the Office
82quater.3: Extension of Time Limits due to General Disruption
Rule 83: Right to Practice before International Authorities
83.1: Proof of Right
83.1bis: Where the International Bureau Is the Receiving Office
83.2: Information
Part E: Rules Concerning Chapter V of the Treaty
Rule 84: Expenses of Delegations
84.1: Expenses Borne by Governments
Rule 85: Absence of Quorum in the Assembly
85.1: Voting by Correspondence
Rule 86: The Gazette
86.1: Contents
86.2: Languages; Form and Means of Publication; Timing
86.3: Frequency
86.4: Sale
86.5: Title
86.6: Further Details
Rule 87: Communication of Publications
87.1: Communication of Publications on Request
Rule 88: Amendment of the Regulations
88.1: Requirement of Unanimity
88.2: [Deleted]
88.3: Requirement of Absence of Opposition by Certain States
88.4: Procedure
Rule 89: Administrative Instructions
89.1: Scope
89.2: Source
89.3: Publication and Entry into Force
Part F: Rules Concerning Several Chapters of the Treaty
Rule 89bis: Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means
89bis.1: International Applications
89bis.2: Other Documents
89bis.3: Communication between Offices
Rule 89ter: Copies in Electronic Form of Documents Filed on Paper
89ter.1: Copies in Electronic Form of Documents Filed on Paper
Rule 90: Agents and Common Representatives
90.1: Appointment as Agent
90.2: Common Representative
90.3: Effects of Acts by or in Relation to Agents and Common Representatives
90.4: Manner of Appointment of Agent or Common Representative
90.5: General Power of Attorney
90.6: Revocation and Renunciation
Rule 90bis: Withdrawals
90bis.1: Withdrawal of the International Application
90bis.2: Withdrawal of Designations
90bis.3: Withdrawal of Priority Claims
90bis.3bis: Withdrawal of Supplementary Search Request
90bis.4: Withdrawal of the Demand, or of Elections
90bis.5: Signature
90bis.6: Effect of Withdrawal
90bis.7: Faculty under Article 37(4)(b)
Rule 91: Rectification of Obvious Mistakes in the International Application and Other Documents
91.1: Rectification of Obvious Mistakes
91.2: Requests for Rectification
91.3: Authorization and Effect of Rectifications
Rule 92: Correspondence
92.1: Need for Letter and for Signature
92.2: Languages
92.3: Mailings by National Offices and Intergovernmental Organizations
92.4: Use of Telegraph, Teleprinter, Facsimile Machine, Etc.
Rule 92bis: Recording of Changes in Certain Indications in the Request or the Demand
92bis.1: Recording of Changes by the International Bureau
Rule 93: Keeping of Records and Files
93.1: The Receiving Office
93.2: The International Bureau
93.3: The International Searching and Preliminary Examining Authorities
93.4: Reproductions
Rule 93bis: Manner of Communication of Documents
93bis.1: Communication on Request; Communication via Digital Library
Rule 94: Access to Files
94.1: Access to the File Held by the International Bureau
94.1bis: Access to the File Held by the Receiving Office
94.1ter: Access to the File Held by the International Searching Authority
94.2: Access to the File Held by the International Preliminary Examining Authority
94.2bis: Access to the File Held by the Designated Office
94.3: Access to the File Held by the Elected Office
Rule 95: Information and Translations from Designated and Elected Offices
95.1: Information Concerning Events at the Designated and Elected Offices
95.2: Furnishing of Copies of Translations
Rule 96: The Schedule of Fees; Receipt and Transfer of Fees
96.1: Schedule of Fees Annexed to Regulations
96.2: Notification of Receipt of Fees; Transfer of Fees