Appendix T Patent Cooperation Treaty and Regulations Under The PCT

Appendix T Patent Cooperation Treaty and Regulations Under the
PCT
Article 24 Possible Loss of Effect in Designated

States
Done at Washington on June 19, 1970, amended Article 25 Review by Designated Offices
on September 28, 1979, modified on February 3, Article 26 Opportunity to Correct Before
1984, and October 3, 2001 (as in force from April
Designated Offices
1, 2002)
Article 27 National Requirements
Article 28 Amendment of the Claims, the
TABLE OF CONTENTS 1 Description, and the Drawings, Before
Designated Offices
Article 29 Effects of the International Publication
: Introductory Provisions Article 30 Confidential Nature of the International
Article 1 Establishment of a Union Application
Article 2 Definitions
CHAPTER II: International Preliminary
CHAPTER I: International Application and Examination
International Search Article 31 Demand for International Preliminary
Article 3 The International Application Examination
Article 4 The Request Article 32 The International Preliminary
Article 5 The Description Examining Authority
Article 6 The Claims Article 33 The International Preliminary
Article 7 The Drawings Examination
Article 8 Claiming Priority Article 34 Procedure Before the International
Article 9 The Applicant Preliminary Examining Authority
Article 10 The Receiving Office Article 35 The International Preliminary
Article 11 Filing Date and Effects of the Examination Report
International Application Article 36 Transmittal, Translation, and
Article 12 Transmittal of the International Communication, of the International
Application to the International Bureau Preliminary Examination Report
and the International Searching Article 37 Withdrawal of Demand or Election
Authority Article 38 Confidential Nature of the International
Article 13 Availability of Copy of the Preliminary Examination
International Application to Designated Article 39 Copy, Translation, and Fee, to Elected
Offices Offices
Article 14 Certain Defects in the International Article 40 Delaying of National Examination and
Application Other Processing
Article 15 The International Search Article 41 Amendment of the Claims, the
Article 16 The International Searching Authority Description, and the Drawings, before
Article 17 Procedure Before the International Elected Offices
Searching Authority Article 42 Results of National Examination in
Article 18 The International Search Report Elected Offices
Article 19 Amendment of the Claims Before the
International Bureau CHAPTER III: Common Provisions
Article 20 Communication to Designated Offices Article 43 Seeking Certain Kinds of Protection
Article 21 International Publication Article 44 Seeking Two Kinds of Protection
Article 22 Copy, Translation, and Fee, to Article 45 Regional Patent Treaties
Designated Offices Article 46 Incorrect Translation of the
Article 23 Delaying of National Procedure International Application
1 Editor's Note: Table of Contents and Editor's Notes are added for the convenience of the reader; they do not appear in the signed
text of the Treaty. T-1 Rev. 08.2017, January 2018
Art. 1 MANUAL OF PATENT EXAMINING PROCEDURE
Article 47 Time Limits

Desiring to facilitate and accelerate access by the
Article 48 Delay in Meeting Certain Time Limits
public to the technical information contained in
Article 49 Right to Practice Before International
documents describing new inventions,
Authorities
CHAPTER IV: Technical Services Desiring to foster and accelerate the economic
Article 50 Patent Information Service development of developing countries through the
Article 51 Technical Assistance adoption of measures designed to increase the
Article 52 Relations with Other Provisions of the efficiency of their legal systems, whether national
Treaty or regional, instituted for the protection of inventions
by providing easily accessible information on the
CHAPTER V: Administrative Provisions availability of technological solutions applicable to
Article 53 Assembly their special needs and by facilitating access to the
Article 54 Executive Committee ever expanding volume of modern technology,
Article 55 International Bureau
Article 56 Committee for Technical Cooperation Convinced that cooperation among nations will
Article 57 Finances greatly facilitate the attainment of these aims,
Article 58 Regulations
Have concluded the present Treaty.
CHAPTER VI: Disputes
Article 59 Disputes
Introductory Provisions
CHAPTER VII: Revision and Amendments
Article 60 Revision of the Treaty
Article 61 Amendment of Certain Provisions of Article 1
the Treaty
Establishment of a Union
CHAPTER VIII: Final Provisions
Article 62 Becoming Party to the Treaty (1) The States party to this Treaty (hereinafter
Article 63 Entry into Force of the Treaty called “the Contracting States”) constitute a Union
Article 64 Reservations for cooperation in the filing, searching, and
Article 65 Gradual Application examination, of applications for the protection of
Article 66 Denunciation inventions, and for rendering special technical
Article 67 Signature and Languages services. The Union shall be known as the
Article 68 Depositary Functions International Patent Cooperation Union.
Article 69 Notifications
(2) No provision of this Treaty shall be
_________________________________________ interpreted as diminishing the rights under the Paris
Convention for the Protection of Industrial Property
of any national or resident of any country party to
The Contracting States, that Convention.
Article 2
Desiring to make a contribution to the progress of
science and technology,
Definitions
Desiring to perfect the legal protection of inventions,
For the purposes of this Treaty and the Regulations
and unless expressly stated otherwise:
Desiring to simplify and render more economical
the obtaining of protection for inventions where
(i) “application” means an application for the
protection is sought in several countries,
protection of an invention; references to an
“application” shall be construed as references to
applications for patents for inventions, inventors’
Rev. 08.2017, January 2018 T-2

PATENT COOPERATION TREATY Art. 3
certificates, utility certificates, utility models, patents (xii) “national Office” means the government
or certificates of addition, inventors’ certificates of authority of a Contracting State entrusted with the
addition, and utility certificates of addition; granting of patents; references to a “national Office”
(ii) references to a “patent” shall be construed shall be construed as referring also to any
as references to patents for inventions, inventors’ intergovernmental authority which several States
certificates, utility certificates, utility models, patents have entrusted with the task of granting regional
or certificates of addition, inventors’ certificates of patents, provided that at least one of those States is
addition, and utility certificates of addition; a Contracting State, and provided that the said States
have authorized that authority to assume the
(iii) “national patent” means a patent granted by obligations and exercise the powers which this
a national authority; Treaty and the Regulations provide for in respect of
(iv) “regional patent” means a patent granted by national Offices;
a national or an intergovernmental authority having (xiii) “designated Office” means the national
the power to grant patents effective in more than one Office of or acting for the State designated by the
State; applicant under Chapter I of this Treaty;
(v) “regional application” means an application (xiv) “elected Office” means the national Office
for a regional patent; of or acting for the State elected by the applicant
(vi) references to a “national application” shall under Chapter II of this Treaty;
be construed as references to applications for (xv) “receiving Office” means the national
national patents and regional patents, other than Office or the intergovernmental organization with
applications filed under this Treaty; which the international application has been filed;
(vii) “international application” means an (xvi) “Union” means the International Patent
application filed under this Treaty; Cooperation Union;
(viii) references to an “application” shall be (xvii) “Assembly” means the Assembly of the
construed as references to international applications Union;
and national applications;
(xviii) “Organization” means the World
(ix) references to a “patent” shall be construed Intellectual Property Organization;
as references to national patents and regional patents;
(xix) “International Bureau” means the
(x) references to “national law” shall be International Bureau of the Organization and, as long
construed as references to the national law of a as it subsists, the United International Bureaux for
Contracting State or, where a regional application the Protection of Intellectual Property (BIRPI);
or a regional patent is involved, to the treaty
providing for the filing of regional applications or (xx) “Director General” means the Director
the granting of regional patents; General of the Organization and, as long as BIRPI
subsists, the Director of BIRPI.
(xi) “priority date,” for the purposes of
computing time limits, means: CHAPTER I International Application and
(a) where the international application International Search
contains a priority claim under Article 8, the filing
date of the application whose priority is so claimed;
Article 3
(b) where the international application
contains several priority claims under Article 8, the
The International Application
filing date of the earliest application whose priority
is so claimed; (1) Applications for the protection of inventions
(c) where the international application does in any of the Contracting States may be filed as
not contain any priority claim under Article 8, the international applications under this Treaty.
international filing date of such application; (2) An international application shall contain,
as specified in this Treaty and the Regulations, a
T-3 Rev. 08.2017, January 2018

request, a description, one or more claims, one or these indications be furnished at the time of filing a
more drawings (where required), and an abstract. national application. Otherwise, the said indications
(3) The abstract merely serves the purpose of may be furnished either in the request or in separate
technical information and cannot be taken into notices addressed to each designated Office whose
account for any other purpose, particularly not for national law requires the furnishing of the said
the purpose of interpreting the scope of the indications but allows that they be furnished at a
protection sought. time later than that of the filing of a national
(4) The international application shall: application.
(i) be in a prescribed language; (2) Every designation shall be subject to the

payment of the prescribed fee within the prescribed
(ii) comply with the prescribed physical time limit.
requirements;
(3) Unless the applicant asks for any of the other
(iii) comply with the prescribed requirement kinds of protection referred to in Article 43,
of unity of invention; designation shall mean that the desired protection
(iv) be subject to the payment of the consists of the grant of a patent by or for the
prescribed fees. designated State. For the purposes of this paragraph,
Article 2(ii) shall not apply.
Article 4
(4) Failure to indicate in the request the name
The Request and other prescribed data concerning the inventor
shall have no consequence in any designated State
(1) The request shall contain: whose national law requires the furnishing of the
said indications but allows that they be furnished at
(i) a petition to the effect that the a time later than that of the filing of a national
international application be processed according to application. Failure to furnish the said indications
this Treaty; in a separate notice shall have no consequence in
(ii) the designation of the Contracting State any designated State whose national law does not
or States in which protection for the invention is require the furnishing of the said indications.
desired on the basis of the international application
Article 5
(“designated States”); if for any designated State a
regional patent is available and the applicant wishes
The Description
to obtain a regional patent rather than a national
patent, the request shall so indicate; if, under a treaty
concerning a regional patent, the applicant cannot The description shall disclose the invention in a
limit his application to certain of the States party to manner sufficiently clear and complete for the
that treaty, designation of one of those States and invention to be carried out by a person skilled in the
the indication of the wish to obtain the regional art.
patent shall be treated as designation of all the States
party to that treaty; if, under the national law of the Article 6
designated State, the designation of that State has
the effect of an application for a regional patent, the The Claims
designation of the said State shall be treated as an
indication of the wish to obtain the regional patent; The claim or claims shall define the matter for which
protection is sought. Claims shall be clear and
(iii) the name of and other prescribed data
concise. They shall be fully supported by the
concerning the applicant and the agent (if any);
description.
(iv) the title of the invention;
(v) the name of and other prescribed data
concerning the inventor where the national law of
at least one of the designated States requires that
Rev. 08.2017, January 2018 T-4

Article 7 Article 9
The Drawings The Applicant
(1) Subject to the provisions of paragraph (2)(ii), (1) Any resident or national of a Contracting
drawings shall be required when they are necessary State may file an international application.
for the understanding of the invention. (2) The Assembly may decide to allow the
(2) Where, without being necessary for the residents and the nationals of any country party to
understanding of the invention, the nature of the the Paris Convention for the Protection of Industrial
invention admits of illustration by drawings: Property which is not party to this Treaty to file
(i) the applicant may include such drawings international applications.
in the international application when filed, (3) The concepts of residence and nationality,
(ii) any designated Office may require that and the application of those concepts in cases where
the applicant file such drawings with it within the there are several applicants or where the applicants
prescribed time limit. are not the same for all the designated States, are
defined in the Regulations.
Article 8
Article 10
Claiming Priority
The Receiving Office
(1) The international application may contain a
declaration, as prescribed in the Regulations, The international application shall be filed with the
claiming the priority of one or more earlier prescribed receiving Office, which will check and
applications filed in or for any country party to the process it as provided in this Treaty and the
Paris Convention for the Protection of Industrial Regulations.
Property.
Article 11
(2)
(a) Subject to the provisions of subparagraph Filing Date and Effects of the International
(b), the conditions for, and the effect of, any Application
priority claim declared under paragraph (1) shall be
as provided in Article 4 of the Stockholm Act of the (1) The receiving Office shall accord as the
Paris Convention for the Protection of Industrial international filing date the date of receipt of the
Property. international application, provided that that Office
(b) The international application for which has found that, at the time of receipt:
the priority of one or more earlier applications filed (i) the applicant does not obviously lack, for
in or for a Contracting State is claimed may contain reasons of residence or nationality, the right to file
the designation of that State. Where, in the an international application with the receiving Office,
international application, the priority of one or more
(ii) the international application is in the
national applications filed in or for a designated State
prescribed language,
is claimed, or where the priority of an international
application having designated only one State is (iii) the international application contains at
claimed, the conditions for, and the effect of, the least the following elements:
priority claim in that State shall be governed by the (a) an indication that it is intended as an
national law of that State. international application,
(b) the designation of at least one
Contracting State,
(c) the name of the applicant, as
prescribed,
T-5 Rev. 08.2017, January 2018

Article 13
(d) a part which on the face of it appears
to be a description,
Availability of Copy of the International
(e) a part which on the face of it appears Application to Designated Offices
to be a claim or claims.
(2) (1) Any designated Office may ask the
International Bureau to transmit to it a copy of the
(a) If the receiving Office finds that the international application prior to the communication
international application did not, at the time of provided for in Article 20, and the International
receipt, fulfill the requirements listed in paragraph Bureau shall transmit such copy to the designated
(1), it shall, as provided in the Regulations, invite Office as soon as possible after the expiration of one
the applicant to file the required correction. year from the priority date.
(b) If the applicant complies with the (2)
invitation, as provided in the Regulations, the
receiving Office shall accord as the international (a) The applicant may, at any time, transmit
filing date the date of receipt of the required a copy of his international application to any
correction. designated Office.
(3) Subject to Article 64(4), any international (b) The applicant may, at any time, ask the
application fulfilling the requirements listed in items International Bureau to transmit a copy of his
(i) to (iii) of paragraph (1) and accorded an international application to any designated Office,
international filing date shall have the effect of a and the International Bureau shall transmit such copy
regular national application in each designated State to the designated Office as soon as possible.
as of the international filing date, which date shall (c) Any national Office may notify the
be considered to be the actual filing date in each International Bureau that it does not wish to receive
designated State. copies as provided for in subparagraph (b), in which
(4) Any international application fulfilling the case that subparagraph shall not be applicable in
requirements listed in items (i) to (iii) of paragraph respect of that Office.
(1) shall be equivalent to a regular national filing Article 14
within the meaning of the Paris Convention for the
Protection of Industrial Property. Certain Defects in the International Application
Article 12
(1)
Transmittal of the International Application to (a) The receiving Office shall check whether
the International Bureau and the International the international application contains any of the
Searching Authority following defects, that is to say:
(i) it is not signed as provided in the
(1) One copy of the international application
Regulations;
shall be kept by the receiving Office (“home copy”),
one copy (“record copy”) shall be transmitted to the (ii) it does not contain the prescribed
International Bureau, and another copy (“search indications concerning the applicant;
copy”) shall be transmitted to the competent (iii) it does not contain a title;
International Searching Authority referred to in
(iv) it does not contain an abstract;
Article 16, as provided in the Regulations.
(v) it does not comply to the extent
(2) The record copy shall be considered the true
provided in the Regulations with the prescribed
copy of the international application.
physical requirements.
(3) The international application shall be
(b) If the receiving Office finds any of the
considered withdrawn if the record copy has not
said defects, it shall invite the applicant to correct
been received by the International Bureau within the
the international application within the prescribed
prescribed time limit.
Rev. 08.2017, January 2018 T-6
time limit, failing which that application shall be as much of the relevant prior art as its facilities
considered withdrawn and the receiving Office shall permit, and shall, in any case, consult the
so declare. documentation specified in the Regulations.
(2) If the international application refers to (5)(a) If the national law of the Contracting
drawings which, in fact, are not included in that State so permits, the applicant who files a national
application, the receiving Office shall notify the application with the national Office of or acting for
applicant accordingly and he may furnish them such State may, subject to the conditions provided
within the prescribed time limit and, if he does, the for in such law, request that a search similar to an
international filing date shall be the date on which international search (international-type search) be
the drawings are received by the receiving Office. carried out on such application.
Otherwise, any reference to the said drawings shall (b) If the national law of the Contracting
be considered non-existent State so permits, the national Office of or acting for
(3) such State may subject any national application filed
with it to an international-type search.
(a) If the receiving Office finds that, within
the prescribed time limits, the fees prescribed under (c) The international-type search shall be
Article 3(4)(iv) have not been paid, or no fee carried out by the International Searching Authority
prescribed under Article 4(2) has been paid in respect referred to in Article 16 which would be competent
of any of the designated States, the international for an international search if the national application
application shall be considered withdrawn and the were an international application and were filed with
receiving Office shall so declare. the Office referred to in subparagraphs (a) and (b).
If the national application is in a language which the
(b) If the receiving Office finds that the fee International Searching Authority considers it is not
prescribed under Article 4(2) has been paid in respect equipped to handle, the international-type search
of one or more (but less than all) designated States shall be carried out on a translation prepared by the
within the prescribed time limit, the designation of applicant in a language prescribed for international
those States in respect of which it has not been paid applications and which the International Searching
within the prescribed time limit shall be considered Authority has undertaken to accept for international
withdrawn and the receiving Office shall so declare. applications. The national application and the
(4) If, after having accorded an international translation, when required, shall be presented in the
filing date to the international application, the form prescribed for international applications.
receiving Office finds, within the prescribed time Article 16
limit, that any of the requirements listed in items (i)
to (iii) of Article 11(1) was not complied with at that
The International Searching Authority
date, the said application shall be considered
withdrawn and the receiving Office shall so declare.
(1) International search shall be carried out by
Article 15 an International Searching Authority, which may be
either a national Office or an intergovernmental
The International Search organization, such as the International Patent
Institute, whose tasks include the establishing of
(1) Each international application shall be the documentary search reports on prior art with respect
subject of international search. to inventions which are the subject of applications.
(2) The objective of the international search is (2) If, pending the establishment of a single
to discover relevant prior art. International Searching Authority, there are several
International Searching Authorities, each receiving
(3) International search shall be made on the
Office shall, in accordance with the provisions of
basis of the claims, with due regard to the description
the applicable agreement referred to in
and the drawings (if any).
paragraph(3)(b), specify the International Searching
(4) The International Searching Authority Authority or Authorities competent for the searching
referred to in Article 16 shall endeavor to discover of international applications filed with such Office.
T-7 Rev. 08.2017, January 2018

(3)(a) International Searching Authorities Regulations, to search, and in the particular case
shall be appointed by the Assembly. Any national decides not to search, or
Office and any intergovernmental organization
satisfying the requirements referred to in (ii) that the description, the claims, or the
subparagraph (c) may be appointed as International drawings, fail to comply with the prescribed
Searching Authority. requirements to such an extent that a meaningful
search could not be carried out, the said Authority
(b) Appointment shall be conditional on the shall so declare and shall notify the applicant and
consent of the national Office or intergovernmental the International Bureau that no international search
organization to be appointed and the conclusion of report will be established.
an agreement, subject to approval by the Assembly,
between such Office or organization and the (b) If any of the situations referred to in
International Bureau. The agreement shall specify subparagraph (a) is found to exist in connection with
the rights and obligations of the parties, in particular, certain claims only, the international search report
the formal undertaking by the said Office or shall so indicate in respect of such claims, whereas,
organization to apply and observe all the common for the other claims, the said report shall be
rules of international search. established as provided in Article 18.
(c) The Regulations prescribe the minimum (3)
requirements, particularly as to manpower and (a) If the International Searching Authority
documentation, which any Office or organization considers that the international application does not
must satisfy before it can be appointed and must comply with the requirement of unity of invention
continue to satisfy while it remains appointed. as set forth in the Regulations, it shall invite the
(d) Appointment shall be for a fixed period applicant to pay additional fees. The International
of time and may be extended for further periods. Searching Authority shall establish the international
search report on those parts of the international
(e) Before the Assembly makes a decision application which relate to the invention first
on the appointment of any national Office or mentioned in the claims (“main invention”) and,
intergovernmental organization, or on the extension provided the required additional fees have been paid
of its appointment, or before it allows any such within the prescribed time limit, on those parts of
appointment to lapse, the Assembly shall hear the the international application which relate to
interested Office or organization and seek the advice inventions in respect of which the said fees were
of the Committee for Technical Cooperation referred paid.
to in Article 56 once that Committee has been
established. (b) The national law of any designated State
may provide that, where the national Office of that
Article 17 State finds the invitation, referred to in subparagraph
(a), of the International Searching Authority justified
Procedure Before the International Searching and where the applicant has not paid all additional
Authority fees, those parts of the international application
which consequently have not been searched shall,
(1) Procedure before the International Searching as far as effects in that State are concerned, be
Authority shall be governed by the provisions of this considered withdrawn unless a special fee is paid by
Treaty, the Regulations, and the agreement which the applicant to the national Office of that State.
the International Bureau shall conclude, subject to
this Treaty and the Regulations, with the said Article 18
Authority.
The International Search Report
(2)(a) If the International Searching
Authority considers: (1) The international search report shall be
(i) that the international application established within the prescribed time limit and in
relates to a subject matter which the International the prescribed form.
Searching Authority is not required, under the
Rev. 08.2017, January 2018 T-8

(2) The international search report shall, as soon as amended or shall contain the full text of the claims
as it has been established, be transmitted by the as filed and specify the amendments, and shall
International Searching Authority to the applicant include the statement, if any, referred to in Article
and the International Bureau. 19(1).
(3) The international search report or the (3) At the request of the designated Office or
declaration referred to in Article 17(2)(a) shall be the applicant, the International Searching Authority
translated as provided in the Regulations. The shall send to the said Office or the applicant,
translations shall be prepared by or under the respectively, copies of the documents cited in the
responsibility of the International Bureau. international search report, as provided in the
Regulations.
Article 19
Article 21
Amendment of the Claims Before the
International Bureau International Publication
(1) The applicant shall, after having received the (1) The International Bureau shall publish
international search report, be entitled to one international applications.
opportunity to amend the claims of the international (2)
application by filing amendments with the
International Bureau within the prescribed time limit. (a) Subject to the exceptions provided for in
He may, at the same time, file a brief statement, as subparagraph (b) and in Article 64(3), the
provided in the Regulations, explaining the international publication of the international
amendments and indicating any impact that such application shall be effected promptly after the
amendments might have on the description and the expiration of 18 months from the priority date of
drawings. that application.
(2) The amendments shall not go beyond the (b) The applicant may ask the International
disclosure in the international application as filed. Bureau to publish his international application any
time before the expiration of the time limit referred
(3) If the national law of any designated State to in subparagraph (a). The International Bureau
permits amendments to go beyond the said shall proceed accordingly, as provided in the
disclosure, failure to comply with paragraph (2) shall Regulations.
have no consequence in that State.
(3) The international search report or the
Article 20 declaration referred to in Article 17(2)(a) shall be
published as prescribed in the Regulations.
Communication to Designated Offices
(4) The language and form of the international
publication and other details are governed by the
(1)
Regulations.
(a) The international application, together
(5) There shall be no international publication
with the international search report (including any
if the international application is withdrawn or is
indication referred to in Article 17(2)(b)) or the
considered withdrawn before the technical
declaration referred to in Article 17(2)(a), shall be
preparations for publication have been completed.
communicated to each designated Office, as provided
in the Regulations, unless the designated Office (6) If the international application contains
waives such requirement in its entirety or in part. expressions or drawings which, in the opinion of the
International Bureau, are contrary to morality or
(b) The communication shall include the
public order, or if, in its opinion, the international
translation (as prescribed) of the said report or
application contains disparaging statements as
declaration.
defined in the Regulations, it may omit such
(2) If the claims have been amended by virtue expressions drawings, and statements, from its
of Article 19(1), the communication shall either publications, indicating the place and number of
contain the full text of the claims both as filed and
T-9 Rev. 08.2017, January 2018
words or drawings omitted, and furnishing, upon Article 23

request, individual copies of the passages omitted.
Article 22 Delaying of National Procedure
(1) No designated Office shall process or

Copy, Translation, and Fee, to Designated Offices
examine the international application prior to the
(1) The applicant shall furnish a copy of the expiration of the applicable time limit under Article
international application (unless the communication 22.
provided for in Article 20 has already taken place) (2) Notwithstanding the provisions of paragraph
and a translation thereof (as prescribed), and pay the (1), any designated Office may, on the express
national fee (if any), to each designated Office not request of the applicant, process or examine the
later than at the expiration of 30 1 months from the international application at any time.
priority date. Where the national law of the Article 24
designated State requires the indication of the name
of and other prescribed data concerning the inventor Possible Loss of Effect in Designated States
but allows that these indications be furnished at a
time later than that of the filing of a national (1) Subject, in case (ii) below, to the provisions
application, the applicant shall, unless they were of Article 25, the effect of the international
contained in the request, furnish the said indications application provided for in Article 11(3) shall cease
to the national Office of or acting for the State not in any designated State with the same consequences
later than at the expiration of 30 2 months from the as the withdrawal of any national application in that
priority date. State:
(2) Where the International Searching Authority (i) if the applicant withdraws his international
makes a declaration, under Article 17(2)(a), that no application or the designation of that State;
international search report will be established, the (ii) if the international application is
time limit for performing the acts referred to in considered withdrawn by virtue of Articles 12(3),
paragraph (1) of this Article shall be the same as that 14(1)(b), 14(3)(a), or 14(4), or if the designation of
provided for in paragraph (1). that State is considered withdrawn by virtue of
(3) Any national law may, for performing the Article 14(3)(b);
acts referred to in paragraphs (1) or (2), fix time (iii) if the applicant fails to perform the acts
limits which expire later than the time limit provided referred to in Article 22 within the applicable time
for in those paragraphs. limit.
(2) Notwithstanding the provisions of paragraph
(1), any designated Office may maintain the effect
provided for in Article 11(3) even where such effect
is not required to be maintained by virtue of Article
25(2).
1 Editor’s Note: The 30-month time limit, as in force from April 1, 2002, does not apply in respect of any designated Office
which has notified the International Bureau of incompatibility with the national law applied by that Office. The 20-month time limit,
as in force until March 31, 2002, continues to apply after that date in respect of any such designated Office for as long as Article
22(1), as modified, continues not to be compatible with the applicable national law. Information received by the International
Bureau concerning any such incompatibility is published in the Gazette and on the WIPO website at:
www.wipo.int/pct/en/texts/reservations/res_incomp.html .
2 Editor’s Note: The 30-month time limit, as in force from April 1, 2002, does not apply in respect of any designated Office
which has notified the International Bureau of incompatibility with the national law applied by that Office. The 20-month time limit,
as in force until March 31, 2002, continues to apply after that date in respect of any such designated Office for as long as Article
22(1), as modified, continues not to be compatible with the applicable national law. Information received by the International
Bureau concerning any such incompatibility is published in the Gazette and on the WIPO website at:
www.wipo.int/pct/en/texts/reservations/res_incomp.html .
Rev. 08.2017, January 2018 T-10

Article 25 Article 26
Review by Designated Offices Opportunity to Correct Before Designated Offices
(1)(a) Where the receiving Office has refused No designated Office shall reject an international
to accord an international filing date or has declared application on the grounds of non-compliance with
that the international application is considered the requirements of this Treaty and the Regulations
withdrawn, or where the International Bureau has without first giving the applicant the opportunity to
made a finding under Article 12(3), the International correct the said application to the extent and
Bureau shall promptly send, at the request of the according to the procedure provided by the national
applicant, copies of any document in the file to any law for the same or comparable situations in respect
of the designated Offices named by the applicant. of national applications.
(b) Where the receiving Office has declared
that the designation of any given State is considered Article 27
withdrawn, the International Bureau shall promptly
send, at the request of the applicant, copies of any National Requirements
document in the file to the national Office of such
State. (1) No national law shall require compliance
with requirements relating to the form or contents
(c) The request under subparagraphs (a) or
of the international application different from or
(b) shall be presented within the prescribed time
additional to those which are provided for in this
limit.
Treaty and the Regulations.
(2)(a) Subject to the provisions of
(2) The provisions of paragraph (1) neither affect
subparagraph (b), each designated Office shall,
the application of the provisions of Article 7(2) nor
provided that the national fee (if any) has been paid
preclude any national law from requiring, once the
and the appropriate translation (as prescribed) has
processing of the international application has started
been furnished within the prescribed time limit,
in the designated Office, the furnishing:
decide whether the refusal, declaration, or finding,
referred to in paragraph (1) was justified under the (i) when the applicant is a legal entity, of the
provisions of this Treaty and the Regulations, and, name of an officer entitled to represent such legal
if it finds that the refusal or declaration was the result entity.
of an error or omission on the part of the receiving (ii) of documents not part of the international
Office or that the finding was the result of an error application but which constitute proof of allegations
or omission on the part of the International Bureau, or statements made in that application, including the
it shall, as far as effects in the State of the designated confirmation of the international application by the
Office are concerned, treat the international signature of the applicant when that application, as
application as if such error or omission had not filed, was signed by his representative or agent.
occurred.
(3) Where the applicant, for the purposes of any
(b) Where the record copy has reached the designated State, is not qualified according to the
International Bureau after the expiration of the time national law of that State to file a national application
limit prescribed under Article 12(3) on account of because he is not the inventor, the international
any error or omission on the part of the applicant, application may be rejected by the designated Office.
the provisions of subparagraph (a) shall apply only
under the circumstances referred to in Article 48(2). (4) Where the national law provides, in respect
of the form or contents of national applications, for
requirements which, from the viewpoint of
applicants, are more favorable than the requirements
provided for by this Treaty and the Regulations in
respect of international applications, the national
Office, the courts and any other competent organs
of or acting for the designated State may apply the
T-11 Rev. 08.2017, January 2018
former requirements, instead of the latter such time limit has expired except with the express
requirements, to international applications, except consent of the applicant.
where the applicant insists that the requirements (2) The amendments shall not go beyond the
provided for by this Treaty and the Regulations be disclosure in the international application as filed
applied to his international application. unless the national law of the designated State
(5) Nothing in this Treaty and the Regulations permits them to go beyond the said disclosure.
is intended to be construed as prescribing anything (3) The amendments shall be in accordance with
that would limit the freedom of each Contracting the national law of the designated State in all respects
State to prescribe such substantive conditions of not provided for in this Treaty and the Regulations.
patentability as it desires. In particular, any provision
in this Treaty and the Regulations concerning the (4) Where the designated Office requires a
definition of prior art is exclusively for the purposes translation of the international application, the
of the international procedure and, consequently, amendments shall be in the language of the
any Contracting State is free to apply, when translation.
determining the patentability of an invention claimed Article 29
in an international application, the criteria of its
national law in respect of prior art and other Effects of the International Publication
conditions of patentability not constituting
requirements as to the form and contents of (1) As far as the protection of any rights of the
applications. applicant in a designated State is concerned, the
(6) The national law may require that the effects, in that State, of the international publication
applicant furnish evidence in respect of any of an international application shall, subject to the
substantive condition of patentability prescribed by provisions of paragraphs (2) to (4), be the same as
such law. those which the national law of the designated State
provides for the compulsory national publication of
(7) Any receiving Office or, once the processing
unexamined national applications as such.
of the international application has started in the
designated Office, that Office may apply the national (2) If the language in which the international
law as far as it relates to any requirement that the publication has been effected is different from the
applicant be represented by an agent having the right language in which publications under the national
to represent applicants before the said Office and/or law are effected in the designated State, the said
that the applicant have an address in the designated national law may provide that the effects provided
State for the purpose of receiving notifications. for in paragraph (1) shall be applicable only from
such time as:
(8) Nothing in this Treaty and the Regulations
is intended to be construed as limiting the freedom (i) a translation into the latter language has
of any Contracting State to apply measures deemed been published as provided by the national law, or
necessary for the preservation of its national security (ii) a translation into the latter language has
or to limit, for the protection of the general economic been made available to the public, by laying open
interests of that State, the right of its own residents for public inspection as provided by the national
or nationals to file international applications. law, or
Article 28 (iii) a translation into the latter language has
been transmitted by the applicant to the actual or
Amendment of the Claims, the Description, and prospective unauthorized user of the invention
the Drawings, Before Designated Offices claimed in the international application, or
(iv) both the acts described in (i) and (iii), or
(1) The applicant shall be given the opportunity
both the acts described in (ii) and (iii), have taken
to amend the claims, the description, and the
place.
drawings, before each designated Office within the
prescribed time limit. No designated Office shall (3) The national law of any designated State may
grant a patent, or refuse the grant of a patent, before provide that, where the international publication has
Rev. 08.2017, January 2018 T-12

been effected, on the request of the applicant, before applicant, international filing date, international
the expiration of 18 months from the priority date, application number, and title of the invention.
the effects provided for in paragraph (1) shall be (c) The provisions of subparagraph (a) shall
applicable only from the expiration of 18 months not prevent any designated Office from allowing
from the priority date. access to the international application for the
(4) The national law of any designated State may purposes of the judicial authorities.
provide that the effects provided for in paragraph (3) The provisions of paragraph (2)(a) shall
(1) shall be applicable only from the date on which apply to any receiving Office except as far as
a copy of the international application as published transmittals provided for under Article 12(1) are
under Article 21 has been received in the national concerned.
Office of or acting for such State. The said Office
shall publish the date of receipt in its gazette as soon (4) For the purposes of this Article, the term
as possible. “access” covers any means by which third parties
may acquire cognizance, including individual
Article 30 communication and general publication, provided,
however, that no national Office shall generally
Confidential Nature of the International publish an international application or its translation
Application before the international publication or, if
international publication has not taken place by the
(1)(a) Subject to the provisions of expiration of 20 months from the priority date, before
subparagraph (b), the International Bureau and the the expiration of 20 months from the said priority
International Searching Authorities shall not allow date.
access by any person or authority to the international
application before the international publication of CHAPTER II International Preliminary
that application, unless requested or authorized by
Examination
the applicant.
(b) The provisions of subparagraph (a) shall
not apply to any transmittal to the competent Article 31
International Searching Authority, to transmittals
provided for under Article 13, and to Demand for International Preliminary
communications provided for under Article 20. Examination
(2)(a) No national Office shall allow access (1) On the demand of the applicant, his
to the international application by third parties, international application shall be the subject of an
unless requested or authorized by the applicant, international preliminary examination as provided
before the earliest of the following dates: in the following provisions and the Regulations.
(i) date of the international publication (2)(a) Any applicant who is a resident or
of the international application, national, as defined in the Regulations, of a
(ii) date of the receipt of the Contracting State bound by Chapter II, and whose
communication of the international application under international application has been filed with the
Article 20, receiving Office of or acting for such State, may
(iii) date of the receipt of a copy of the make a demand for international preliminary
international application under Article 22. examination.
(b) The provisions of subparagraph (a) shall (b) The Assembly may decide to allow
not prevent any national Office from informing third persons entitled to file international applications to
parties that it has been designated, or from publishing make a demand for international preliminary
that fact. Such information or publication may, examination even if they are residents or nationals
however, contain only the following data: of a State not party to this Treaty or not bound by
identification of the receiving Office, name of the Chapter II.
T-13 Rev. 08.2017, January 2018

(3) The demand for international preliminary (3) The provisions of Article 16(3) shall apply,
examination shall be made separately from the mutatis mutandis, in respect of International
international application. The demand shall contain Preliminary Examining Authorities.
the prescribed particulars and shall be in the
Article 33
prescribed language and form.
(4)(a) The demand shall indicate the The International Preliminary Examination
Contracting State or States in which the applicant
intends to use the results of the international (1) The objective of the international preliminary
preliminary examination (“elected States”). examination is to formulate a preliminary and
Additional Contracting States may be elected later. non-binding opinion on the questions whether the
Election may relate only to Contracting States claimed invention appears to be novel, to involve an
already designated under Article 4. inventive step (to be non-obvious), and to be
(b) Applicants referred to in paragraph (2)(a) industrially applicable.
may elect any Contracting State bound by Chapter (2) For the purposes of the international
II. Applicants referred to in paragraph (2)(b) may preliminary examination, a claimed invention shall
elect only such Contracting States bound by Chapter be considered novel if it is not anticipated by the
II as have declared that they are prepared to be prior art as defined in the Regulations.
elected by such applicants.
(3) For the purposes of the international
(5) The demand shall be subject to the payment preliminary examination, a claimed invention shall
of the prescribed fees within the prescribed time be considered to involve an inventive step if, having
limit. regard to the prior art as defined in the Regulations,
(6)(a) The demand shall be submitted to the it is not, at the prescribed relevant date, obvious to
competent International Preliminary Examining a person skilled in the art.
Authority referred to in Article 32. (4) For the purposes of the international
(b) Any later election shall be submitted to preliminary examination, a claimed invention shall
the International Bureau. be considered industrially applicable if, according
to its nature, it can be made or used (in the
(7) Each elected Office shall be notified of its
technological sense) in any kind of industry.
election.
“Industry” shall be understood in its broadest sense,
Article 32 as in the Paris Convention for the Protection of
Industrial Property.
The International Preliminary Examining (5) The criteria described above merely serve
Authority the purposes of international preliminary
examination. Any Contracting State may apply
(1) International preliminary examination shall additional or different criteria for the purpose of
be carried out by the International Preliminary deciding whether, in that State, the claimed invention
Examining Authority. is patentable or not.
(2) In the case of demands referred to in Article (6) The international preliminary examination
31(2)(a), the receiving Office, and, in the case of shall take into consideration all the documents cited
demands referred to in Article 31(2)(b), the in the international search report. It may take into
Assembly, shall, in accordance with the applicable consideration any additional documents considered
agreement between the interested International to be relevant in the particular case.
Preliminary Examining Authority or Authorities and
the International Bureau, specify the International
Preliminary Examining Authority or Authorities
competent for the preliminary examination.
Rev. 08.2017, January 2018 T-14

Article 34 international preliminary examination shall, as far

as effects in that State are concerned, be considered
Procedure Before the International Preliminary withdrawn unless a special fee is paid by the
Examining Authority applicant to the national Office of that State.
(c) If the applicant does not comply with the
(1) Procedure before the International invitation referred to in subparagraph (a) within the
Preliminary Examining Authority shall be governed prescribed time limit, the International Preliminary
by the provisions of this Treaty, the Regulations, Examining Authority shall establish an international
and the agreement which the International Bureau preliminary examination report on those parts of the
shall conclude, subject to this Treaty and the international application which relate to what appears
Regulations, with the said Authority. to be the main invention and shall indicate the
(2)(a) The applicant shall have a right to relevant facts in the said report. The national law of
communicate orally and in writing with the any elected State may provide that, where its national
International Preliminary Examining Authority. Office finds the invitation of the International
Preliminary Examining Authority justified, those
(b) The applicant shall have a right to amend
parts of the international application which do not
the claims, the description, and the drawings, in the
relate to the main invention shall, as far as effects
prescribed manner and within the prescribed time
in that State are concerned, be considered withdrawn
limit, before the international preliminary
unless a special fee is paid by the applicant to that
examination report is established. The amendment
Office.
shall not go beyond the disclosure in the international
application as filed. (4)(a) If the International Preliminary
Examining Authority considers
(c) The applicant shall receive at least one
written opinion from the International Preliminary (i) that the international application
Examining Authority unless such Authority relates to a subject matter on which the International
considers that all of the following conditions are Preliminary Examining Authority is not required,
fulfilled: under the Regulations, to carry out an international
preliminary examination, and in the particular case
(i) the invention satisfies the criteria set
decides not to carry out such examination, or
forth in Article 33(1),
(ii) that the description, the claims, or the
(ii) the international application complies
drawings, are so unclear, or the claims are so
with the requirements of this Treaty and the
inadequately supported by the description, that no
Regulations in so far as checked by that Authority,
meaningful opinion can be formed on the novelty,
(iii) no observations are intended to be inventive step (non-obviousness), or industrial
made under Article 35(2), last sentence. applicability, of the claimed invention, the said
(d) The applicant may respond to the written authority shall not go into the questions referred to
opinion. in Article 33(1) and shall inform the applicant of
this opinion and the reasons therefor.
(3)(a) If the International Preliminary
Examining Authority considers that the international (b) If any of the situations referred to in
application does not comply with the requirement subparagraph (a) is found to exist in, or in connection
of unity of invention as set forth in the Regulations, with, certain claims only, the provisions of that
it may invite the applicant, at his option, to restrict subparagraph shall apply only to the said claims.
the claims so as to comply with the requirement or
to pay additional fees.
(b) The national law of any elected State may
provide that, where the applicant chooses to restrict
the claims under subparagraph (a), those parts of the
international application which, as a consequence
of the restriction, are not to be the subject of
T-15 Rev. 08.2017, January 2018

Article 35 (2)(a) The international preliminary

examination report and its annexes shall be translated
The International Preliminary Examination into the prescribed languages.
Report (b) Any translation of the said report shall
be prepared by or under the responsibility of the
(1) The international preliminary examination International Bureau, whereas any translation of the
report shall be established within the prescribed time said annexes shall be prepared by the applicant.
limit and in the prescribed form.
(3)(a) The international preliminary
(2) The international preliminary examination examination report, together with its translation (as
report shall not contain any statement on the question prescribed) and its annexes (in the original
whether the claimed invention is or seems to be language), shall be communicated by the
patentable or unpatentable according to any national International Bureau to each elected Office.
law. It shall state, subject to the provisions of
(b) The prescribed translation of the annexes
paragraph (3), in relation to each claim, whether the
shall be transmitted within the prescribed time limit
claim appears to satisfy the criteria of novelty,
by the applicant to the elected Office.
inventive step (non-obviousness), and industrial
applicability, as defined for the purposes of the (4) The provisions of Article 20(3) shall apply,
international preliminary examination in Article mutatis mutandis, to copies of any document which
33(1) to (4). The statement shall be accompanied by is cited in the international preliminary examination
the citation of the documents believed to support the report and which was not cited in the international
stated conclusion with such explanations as the search report.
circumstances of the case may require. The statement
Article 37
shall also be accompanied by such other observations
as the Regulations provide for.
Withdrawal of Demand or Election
(3)(a) If, at the time of establishing the
international preliminary examination report, the (1) The applicant may withdraw any or all
International Preliminary Examining Authority elections.
considers that any of the situations referred to in
(2) If the election of all elected States is
Article 34(4)(a) exists, that report shall state this
withdrawn, the demand shall be considered
opinion and the reasons therefor. It shall not contain
withdrawn.
any statement as provided in paragraph (2).
(3)(a) Any withdrawal shall be notified to
(b) If a situation under Article 34(4)(b) is
the International Bureau.
found to exist, the international preliminary
examination report shall, in relation to the claims in (b) The elected Offices concerned and the
question, contain the statement as provided in International Preliminary Examining Authority
subparagraph (a), whereas, in relation to the other concerned shall be notified accordingly by the
claims, it shall contain the statement as provided in International Bureau.
paragraph (2). (4)(a) Subject to the provisions of
Article 36 subparagraph (b), withdrawal of the demand or of
the election of a Contracting State shall, unless the
Transmittal, Translation, and Communication, national law of that State provides otherwise, be
of the International Preliminary Examination considered to be withdrawal of the international
Report application as far as that State is concerned.
(b) Withdrawal of the demand or of the
(1) The international preliminary examination election shall not be considered to be withdrawal of
report, together with the prescribed annexes, shall the international application if such withdrawal is
be transmitted to the applicant and to the effected prior to the expiration of the applicable time
International Bureau. limit under Article 22; however, any Contracting
State may provide in its national law that the
Rev. 08.2017, January 2018 T-16

aforesaid shall apply only if its national Office has perform the acts referred to in paragraph (1)(a)
received, within the said time limit, a copy of the within the time limit applicable under paragraph
international application, together with a translation (1)(a) or (b).
(as prescribed), and the national fee. (3) Any elected Office may maintain the effect
Article 38 provided for in Article 11(3) even where the
applicant does not comply with the requirements
Confidential Nature of the International provided for in paragraph (1)(a) or (b).
Preliminary Examination Article 40
(1) Neither the International Bureau nor the
Delaying of National Examination and Other
International Preliminary Examining Authority shall,
Processing
unless requested or authorized by the applicant,
allow access within the meaning, and with the (1) If the election of any Contracting State has
proviso, of Article 30(4) to the file of the been effected prior to the expiration of the 19th
international preliminary examination by any person month from the priority date, the provisions of
or authority at any time, except by the elected Article 23 shall not apply to such State and the
Offices once the international preliminary national Office of or acting for that State shall not
examination report has been established. proceed, subject to the provisions of paragraph (2),
(2) Subject to the provisions of paragraph (1) to the examination and other processing of the
and Articles 36(1) and (3) and 37(3)(b), neither the international application prior to the expiration of
International Bureau nor the International the applicable time limit under Article 39.
Preliminary Examining Authority shall, unless (2) Notwithstanding the provisions of paragraph
requested or authorized by the applicant, give (1), any elected Office may, on the express request
information on the issuance or nonissuance of an of the applicant, proceed to the examination and
international preliminary examination report and on other processing of the international application at
the withdrawal or non-withdrawal of the demand or any time.
of any election.
Article 41
Article 39
Amendment of the Claims, the Description, and
Copy, Translation, and Fee, to Elected Offices the Drawings, before Elected Offices
(1)(a) If the election of any Contracting State (1) The applicant shall be given the opportunity
has been effected prior to the expiration of the 19th to amend the claims, the description, and the
month from the priority date, the provisions of drawings, before each elected Office within the
Article 22 shall not apply to such State and the prescribed time limit. No elected Office shall grant
applicant shall furnish a copy of the international a patent, or refuse the grant of a patent, before such
application (unless the communication under Article time limit has expired, except with the express
20 has already taken place) and a translation thereof consent of the applicant.
(as prescribed), and pay the national fee (if any), to
each elected Office not later than at the expiration (2) The amendments shall not go beyond the
of 30 months from the priority date. disclosure in the international application as filed,
unless the national law of the elected State permits
(b) Any national law may, for performing them to go beyond the said disclosure.
the acts referred to in subparagraph (a), fix time
limits which expire later than the time limit provided (3) The amendments shall be in accordance with
for in that subparagraph. the national law of the elected State in all respects
not provided for in this Treaty and the Regulations.
(2) The effect provided for in Article 11(3) shall
cease in the elected State with the same (4) Where an elected Office requires a
consequences as the withdrawal of any national translation of the international application, the
application in that State if the applicant fails to
T-17 Rev. 08.2017, January 2018

amendments shall be in the language of the ensuing effect shall be governed by the applicant’s
translation. indications. For the purposes of this Article, Article
Article 42 2(ii) shall not apply.
Results of National Examination in Elected Article 45

Offices
Regional Patent Treaties
No elected Office receiving the international
(1) Any treaty providing for the grant of regional
preliminary examination report may require that the
patents (“regional patent treaty”), and giving to all
applicant furnish copies, or information on the
persons who, according to Article 9, are entitled to
contents, of any papers connected with the
file international applications the right to file
examination relating to the same international
applications for such patents, may provide that
application in any other elected Office.
international applications designating or electing a
State party to both the regional patent treaty and the
CHAPTER III Common Provisions present Treaty may be filed as applications for such
patents.
(2) The national law of the said designated or
Article 43
elected State may provide that any designation or
election of such State in the international application
Seeking Certain Kinds of Protection
shall have the effect of an indication of the wish to
obtain a regional patent under the regional patent
In respect of any designated or elected State whose treaty.
law provides for the grant of inventors’ certificates,
utility certificates, utility models, patents or Article 46
certificates of addition, inventors’ certificates of
addition, or utility certificates of addition, the Incorrect Translation of the International
applicant may indicate, as prescribed in the Application
Regulations, that his international application is for
the grant, as far as that State is concerned, of an If, because of an incorrect translation of the
inventor’s certificate, a utility certificate, or a utility international application, the scope of any patent
model, rather than a patent, or that it is for the grant granted on that application exceeds the scope of the
of a patent or certificate of addition, an inventor’s international application in its original language, the
certificate of addition, or a utility certificate of competent authorities of the Contracting State
addition, and the ensuing effect shall be governed concerned may accordingly and retroactively limit
by the applicant’s choice. For the purposes of this the scope of the patent, and declare it null and void
Article and any Rule thereunder, Article 2(ii) shall to the extent that its scope has exceeded the scope
not apply. of the international application in its original
language.
Article 44
Article 47
Seeking Two Kinds of Protection
Time Limits
In respect of any designated or elected State whose
law permits an application, while being for the grant (1) The details for computing time limits referred
of a patent or one of the other kinds of protection to in this Treaty are governed by the Regulations.
referred to in Article 43, to be also for the grant of (2)(a) All time limits fixed in Chapters I and
another of the said kinds of protection, the applicant II of this Treaty may, outside any revision under
may indicate, as prescribed in the Regulations, the Article 60, be modified by a decision of the
two kinds of protection he is seeking, and the Contracting States.
Rev. 08.2017, January 2018 T-18

(b) Such decisions shall be made in the (2) The International Bureau may provide these
Assembly or through voting by correspondence and information services either directly or through one
must be unanimous. or more International Searching Authorities or other
(c) The details of the procedure are governed national or international specialized institutions, with
by the Regulations. which the International Bureau may reach agreement.
(3) The information services shall be operated
Article 48
in a way particularly facilitating the acquisition by
Contracting States which are developing countries
Delay in Meeting Certain Time Limits of technical knowledge and technology, including
available published know-how.
(1) Where any time limit fixed in this Treaty or
the Regulations is not met because of interruption (4) The information services shall be available
in the mail service or unavoidable loss or delay in to Governments of Contracting States and their
the mail, the time limit shall be deemed to be met in nationals and residents. The Assembly may decide
the cases and subject to the proof and other to make these services available also to others.
conditions prescribed in the Regulations. (5)(a) Any service to Governments of
(2)(a) Any Contracting State shall, as far as Contracting States shall be furnished at cost,
that State is concerned, excuse, for reasons admitted provided that, when the Government is that of a
under its national law, any delay in meeting any time Contracting State which is a developing country, the
limit. service shall be furnished below cost if the difference
can be covered from profit made on services
(b) Any Contracting State may, as far as that
furnished to others than Governments of Contracting
State is concerned, excuse, for reasons other than
States or from the sources referred to in Article
those referred to in subparagraph (a), any delay in
51(4).
meeting any time limit.
(b) The cost referred to in subparagraph (a)
Article 49 is to be understood as cost over and above costs
normally incident to the performance of the services
Right to Practice Before International Authorities of a national Office or the obligations of an
International Searching Authority.
Any attorney, patent agent, or other person, having
(6) The details concerning the implementation
the right to practice before the national Office with
of the provisions of this Article shall be governed
which the international application was filed, shall
by decisions of the Assembly and, within the limits
be entitled to practice before the International Bureau
to be fixed by the Assembly, such working groups
and the competent International Searching Authority
as the Assembly may set up for that purpose.
and competent International Preliminary Examining
Authority in respect of that application. (7) The Assembly shall, when it considers it
necessary, recommend methods of providing
financing supplementary to those referred to in
CHAPTER IV Technical Services paragraph (5).
Article 51
Article 50
Technical Assistance
Patent Information Service
(1) The Assembly shall establish a Committee
(1) The International Bureau may furnish for Technical Assistance (referred to in this Article
services by providing technical and any other as “the Committee”).
pertinent information available to it on the basis of (2)(a) The members of the Committee shall
published documents, primarily patents and be elected among the Contracting States, with due
published applications (referred to in this Article as regard to the representation of developing countries.
“the information services”).
T-19 Rev. 08.2017, January 2018

(b) The Director General shall, on his own (b) The Government of each Contracting
initiative or at the request of the Committee, invite State shall be represented by one delegate, who may
representatives of intergovernmental organizations be assisted by alternate delegates, advisors, and
concerned with technical assistance to developing experts.
countries to participate in the work of the Committee. (2)(a) The Assembly shall:
(3)(a) The task of the Committee shall be to (i) deal with all matters concerning the
organize and supervise technical assistance for maintenance and development of the Union and the
Contracting States which are developing countries implementation of this Treaty;
in developing their patent systems individually or
on a regional basis. (ii) perform such tasks as are specifically
assigned to it under other provisions of this Treaty;
(b) The technical assistance shall comprise,
among other things, the training of specialists, the (iii) give directions to the International
loaning of experts, and the supply of equipment both Bureau concerning the preparation for revision
for demonstration and for operational purposes. conferences;
(4) The International Bureau shall seek to enter (iv) review and approve the reports and
into agreements, on the one hand, with international activities of the Director General concerning the
financing organizations and intergovernmental Union, and give him all necessary instructions
organizations, particularly the United Nations, the concerning matters within the competence of the
agencies of the United Nations, and the Specialized Union;
Agencies connected with the United Nations (v) review and approve the reports and
concerned with technical assistance, and, on the other activities of the Executive Committee established
hand, with the Governments of the States receiving under paragraph (9), and give instructions to such
the technical assistance, for the financing of projects Committee;
pursuant to this Article.
(vi) determine the program and adopt the
(5) The details concerning the implementation 1
triennial budget of the Union, and approve its final
of the provisions of this Article shall be governed accounts;
by decisions of the Assembly and, within the limits
to be fixed by the Assembly, such working groups (vii) adopt the financial regulations of the
as the Assembly may set up for that purpose. Union;
Article 52 (viii) establish such committees and

working groups as it deems appropriate to achieve
the objectives of the Union;
Relations with Other Provisions of the Treaty
(ix) determine which States other than
Nothing in this Chapter shall affect the financial Contracting States and, subject to the provisions of
provisions contained in any other Chapter of this paragraph (8), which intergovernmental and
Treaty. Such provisions are not applicable to the international non-governmental organizations shall
present Chapter or to its implementation. be admitted to its meetings as observers;
(x) take any other appropriate action
designed to further the objectives of the Union and
CHAPTER V Administrative Provisions
perform such other functions as are appropriate under
this Treaty.
Article 53 (b) With respect to matters which are of
interest also to other Unions administered by the
Assembly Organization, the Assembly shall make its decisions
after having heard the advice of the Coordination
(1)(a) The Assembly shall, subject to Article Committee of the Organization.
57(8), consist of the Contracting States.
1 Editor’s Note: Since 1980, the budget of the Union has been biennial.
Rev. 08.2017, January 2018 T-20

(3) A delegate may represent, and vote in the at the request of the Executive Committee, or at the
name of, one State only. request of one-fourth of the Contracting States.
(4) Each Contracting State shall have one vote. (12) The Assembly shall adopt its own rules of
(5)(a) One-half of the Contracting States procedure.
shall constitute a quorum. Article 54
(b) In the absence of the quorum, the
Assembly may make decisions but, with the Executive Committee
exception of decisions concerning its own procedure,
all such decisions shall take effect only if the quorum (1) When the Assembly has established an
and the required majority are attained through voting Executive Committee, that Committee shall be
by correspondence as provided in the Regulations. subject to the provisions set forth hereinafter.
(6)(a) Subject to the provisions of Articles (2)(a) The Executive Committee shall,
47(2)(b), 58(2)(b), 58(3) and 61(2)(b), the decisions subject to Article 57(8), consist of States elected by
of the Assembly shall require two-thirds of the votes the Assembly from among States members of the
cast. Assembly.
(b) Abstentions shall not be considered as (b) The Government of each State member
votes. of the Executive Committee shall be represented by
one delegate, who may be assisted by alternate
(7) In connection with matters of exclusive
delegates, advisors, and experts.
interest to States bound by Chapter II, any reference
to Contracting States in paragraphs (4), (5), and (6), (3) The number of States members of the
shall be considered as applying only to States bound Executive Committee shall correspond to one-fourth
by Chapter II. of the number of States members of the Assembly.
In establishing the number of seats to be filled,
(8) Any intergovernmental organization
remainders after division by four shall be
appointed as International Searching or Preliminary
disregarded.
Examining Authority shall be admitted as observer
to the Assembly. (4) In electing the members of the Executive
Committee, the Assembly shall have due regard to
(9) When the number of Contracting States
an equitable geographical distribution.
exceeds forty, the Assembly shall establish an
Executive Committee. Any reference to the (5)(a) Each member of the Executive
Executive Committee in this Treaty and the Committee shall serve from the close of the session
Regulations shall be construed as references to such of the Assembly which elected it to the close of the
Committee once it has been established. next ordinary session of the Assembly.
(10) Until the Executive Committee has been (b) Members of the Executive Committee
established, the Assembly shall approve, within the may be re-elected but only up to a maximum of
two-thirds of such members.
limits of the program and triennial 1 budget, the
annual programs and budgets prepared by the (c) The Assembly shall establish the details
Director General. of the rules governing the election and possible
re-election of the members of the Executive
(11)(a) The Assembly shall meet in every
Committee.
second calendar year in ordinary session upon
convocation by the Director General and, in the (6)(a) The Executive Committee shall:
absence of exceptional circumstances, during the (i) prepare the draft agenda of the
same period and at the same place as the General Assembly;
Assembly of the Organization.
(ii) submit proposals to the Assembly in
(b) The Assembly shall meet in extraordinary respect of the draft program and biennial budget of
session upon convocation by the Director General, the Union prepared by the Director General;
1 Editor’s Note: Since 1980, the budget of the Union has been biennial.
T-21 Rev. 08.2017, January 2018

(iii) [Deleted] Article 55

(iv) submit, with appropriate comments,
International Bureau
to the Assembly the periodical reports of the Director
General and the yearly audit reports on the accounts;
(1) Administrative tasks concerning the Union
(v) take all necessary measures to ensure shall be performed by the International Bureau.
the execution of the program of the Union by the
(2) The International Bureau shall provide the
Director General, in accordance with the decisions
secretariat of the various organs of the Union.
of the Assembly and having regard to circumstances
arising between two ordinary sessions of the (3) The Director General shall be the chief
Assembly; executive of the Union and shall represent the Union.
(vi) perform such other functions as are (4) The International Bureau shall publish a
allocated to it under this Treaty. Gazette and other publications provided for by the
Regulations or required by the Assembly.
(b) With respect to matters which are of
interest also to other Unions administered by the (5) The Regulations shall specify the services
Organization, the Executive Committee shall make that national Offices shall perform in order to assist
its decisions after having heard the advice of the the International Bureau and the International
Coordination Committee of the Organization. Searching and Preliminary Examining Authorities
in carrying out their tasks under this Treaty.
(7)(a) The Executive Committee shall meet
once a year in ordinary session upon convocation (6) The Director General and any staff member
by the Director General, preferably during the same designated by him shall participate, without the
period and at the same place as the Coordination right to vote, in all meetings of the Assembly, the
Committee of the Organization. Executive Committee and any other committee or
working group established under this Treaty or the
(b) The Executive Committee shall meet in
Regulations. The Director General, or a staff member
extraordinary session upon convocation by the
designated by him, shall be ex officio secretary of
Director General, either on his own initiative or at
these bodies.
the request of its Chairman or one-fourth of its
members. (7)(a) The International Bureau shall, in
accordance with the directions of the Assembly and
(8)(a) Each State member of the Executive
in cooperation with the Executive Committee, make
Committee shall have one vote.
the preparations for the revision conferences.
(b) One-half of the members of the Executive
(b) The International Bureau may consult
Committee shall constitute a quorum.
with intergovernmental and international
(c) Decisions shall be made by a simple non-governmental organizations concerning
majority of the votes cast. preparations for revision conferences.
(d) Abstentions shall not be considered as (c) The Director General and persons
votes. designated by him shall take part, without the right
(e) A delegate may represent, and vote in the to vote, in the discussions at revision conferences.
name of, one State only. (8) The International Bureau shall carry out any
(9) Contracting States not members of the other tasks assigned to it.
Executive Committee shall be admitted to its Article 56
meetings as observers, as well as any
intergovernmental organization appointed as Committee for Technical Cooperation
International Searching or Preliminary Examining
Authority. (1) The Assembly shall establish a Committee
(10) The Executive Committee shall adopt its for Technical Cooperation (referred to in this Article
own rules of procedure. as “the Committee”).
Rev. 08.2017, January 2018 T-22

(2)(a) The Assembly shall determine the (b) The Executive Committee may express
composition of the Committee and appoint its its views on any advice, recommendation, or other
members, with due regard to an equitable activity of the Committee, and may invite the
representation of developing countries. Committee to study and report on questions falling
(b) The International Searching and within its competence. The Executive Committee
Preliminary Examining Authorities shall be ex may submit to the Assembly, with appropriate
officio members of the Committee. In the case where comments, the advice, recommendations and report
such an Authority is the national Office of a of the Committee.
Contracting State, that State shall not be additionally (7) Until the Executive Committee has been
represented on the Committee. established, references in paragraph (6) to the
(c) If the number of Contracting States so Executive Committee shall be construed as
allows, the total number of members of the references to the Assembly.
Committee shall be more than double the number (8) The details of the procedure of the
of ex officio members. Committee shall be governed by the decisions of the
(d) The Director General shall, on his own Assembly.
initiative or at the request of the Committee, invite Article 57
representatives of interested organizations to
participate in discussions of interest to them. Finances
(3) The aim of the Committee shall be to
contribute, by advice and recommendations: (1)(a) The Union shall have a budget.
(i) to the constant improvement of the (b) The budget of the Union shall include the
services provided for under this Treaty, income and expenses proper to the Union and its
contribution to the budget of expenses common to
(ii) to the securing, so long as there are
the Unions administered by the Organization.
several International Searching Authorities and
several International Preliminary Examining (c) Expenses not attributable exclusively to
Authorities, of the maximum degree of uniformity the Union but also to one or more other Unions
in their documentation and working methods and administered by the Organization shall be considered
the maximum degree of uniformly high quality in as expenses common to the Unions. The share of the
their reports, and Union in such common expenses shall be in
proportion to the interest the Union has in them.
(iii) on the initiative of the Assembly or the
Executive Committee, to the solution of the technical (2) The budget of the Union shall be established
problems specifically involved in the establishment with due regard to the requirements of coordination
of a single International Searching Authority. with the budgets of the other Unions administered
by the Organization.
(4) Any Contracting State and any interested
international organization may approach the (3) Subject to the provisions of paragraph (5),
Committee in writing on questions which fall within the budget of the Union shall be financed from the
the competence of the Committee. following sources:
(5) The Committee may address its advice and (i) fees and charges due for services rendered
recommendations to the Director General or, through by the International Bureau in relation to the Union;
him, to the Assembly, the Executive Committee, all (ii) sale of, or royalties on, the publications
or some of the International Searching and of the International Bureau concerning the Union;
Preliminary Examining Authorities, and all or some
(iii) gifts, bequests, and subventions;
of the receiving Offices.
(iv) rents, interests, and other miscellaneous
(6)(a) In any case, the Director General shall
income.
transmit to the Executive Committee the texts of all
the advice and recommendations of the Committee. (4) The amounts of fees and charges due to the
He may comment on such texts. International Bureau and the prices of its publications
T-23 Rev. 08.2017, January 2018

shall be so fixed that they should, under normal (c) The terms of payment shall be fixed by
circumstances, be sufficient to cover all the expenses the Assembly on the proposal of the Director General
of the International Bureau connected with the and after it has heard the advice of the Coordination
administration of this Treaty. Committee of the Organization.
(5)(a) Should any financial year close with (d) Any reimbursement shall be proportionate
a deficit, the Contracting States shall, subject to the to the amounts paid by each Contracting State, taking
provisions of subparagraphs (b) and (c), pay into account the dates at which they were paid.
contributions to cover such deficit. (8)(a) In the headquarters agreement
(b) The amount of the contribution of each concluded with the State on the territory of which
Contracting State shall be decided by the Assembly the Organization has its headquarters, it shall be
with due regard to the number of international provided that, whenever the working capital fund is
applications which has emanated from each of them insufficient, such State shall grant advances. The
in the relevant year. amount of these advances and the conditions on
(c) If other means of provisionally covering which they are granted shall be the subject of
any deficit or any part thereof are secured, the separate agreements, in each case, between such
Assembly may decide that such deficit be carried State and the Organization. As long as it remains
forward and that the Contracting States should not under the obligation to grant advances, such State
be asked to pay contributions. shall have an ex officio seat in the Assembly and on
the Executive Committee.
(d) If the financial situation of the Union so
permits, the Assembly may decide that any (b) The State referred to in subparagraph (a)
contributions paid under subparagraph (a) be and the Organization shall each have the right to
reimbursed to the Contracting States which have denounce the obligation to grant advances, by written
paid them. notification. Denunciation shall take effect three
years after the end of the year in which it has been
(e) A Contracting State which has not paid, notified.
within two years of the due date as established by
the Assembly, its contribution under subparagraph (9) The auditing of the accounts shall be effected
(b) may not exercise its right to vote in any of the by one or more of the Contracting States or by
organs of the Union. However, any organ of the external auditors, as provided in the financial
Union may allow such a State to continue to exercise regulations. They shall be designated, with their
its right to vote in that organ so long as it is satisfied agreement, by the Assembly.
that the delay in payment is due to exceptional and Article 58
unavoidable circumstances.
(6) If the budget is not adopted before the Regulations
beginning of a new financial period, it shall be at
the same level as the budget of the previous year, as (1) The Regulations annexed to this Treaty
provided in the financial regulations. provide Rules:
(7)(a) The Union shall have a working capital (i) concerning matters in respect of which
fund which shall be constituted by a single payment this Treaty expressly refers to the Regulations or
made by each Contracting State. If the fund becomes expressly provides that they are or shall be
insufficient, the Assembly shall arrange to increase prescribed,
it. If part of the fund is no longer needed, it shall be (ii) concerning any administrative
reimbursed. requirements, matters, or procedures,
(b) The amount of the initial payment of each (iii) concerning any details useful in the
Contracting State to said fund or of its participation implementation of the provisions of this Treaty.
in the increase thereof shall be decided by the
(2)(a) The Assembly may amend the
Assembly on the basis of principles similar to those
Regulations.
provided for under paragraph (5)(b).
Rev. 08.2017, January 2018 T-24

(b) Subject to the provisions of paragraph bring the matter to the attention of the other
(3), amendments shall require three-fourths of the Contracting States.
votes cast.
(3)(a) The Regulations specify the Rules
CHAPTER VII Revision and Amendments
which may be amended
(i) only by unanimous consent, or
Article 60
(ii) only if none of the Contracting States
whose national Office acts as an International
Revision of the Treaty
Searching or Preliminary Examining Authority
dissents, and, where such Authority is an (1) This Treaty may be revised from time to time
intergovernmental organization, if the Contracting by a special conference of the Contracting States.
State member of that organization authorized for
that purpose by the other member States within the (2) The convocation of any revision conference
competent body of such organization does not shall be decided by the Assembly.
dissent. (3) Any intergovernmental organization
(b) Exclusion, for the future, of any such appointed as International Searching or Preliminary
Rules from the applicable requirement shall require Examining Authority shall be admitted as observer
the fulfillment of the conditions referred to in to any revision conference.
subparagraph (a)(i) or (a)(ii), respectively. (4) Articles 53(5), (9) and (11), 54, 55(4) to (8),
(c) Inclusion, for the future, of any Rule in 56, and 57, may be amended either by a revision
one or the other of the requirements referred to in conference or according to the provisions of Article
subparagraph (a) shall require unanimous consent. 61.
(4) The Regulations provide for the Article 61
establishment, under the control of the Assembly,
of Administrative Instructions by the Director Amendment of Certain Provisions of the Treaty
General.
(5) In the case of conflict between the provisions (1)(a) Proposals for the amendment of
of the Treaty and those of the Regulations, the Articles 53(5), (9) and (11), 54, 55(4) to (8), 56, and
provisions of the Treaty shall prevail. 57, may be initiated by any State member of the
Assembly, by the Executive Committee, or by the
Director General.
CHAPTER VI Disputes
(b) Such proposals shall be communicated
by the Director General to the Contracting States at
Article 59 least six months in advance of their consideration
by the Assembly.
Disputes
(2)(a) Amendments to the Articles referred
to in paragraph (1) shall be adopted by the Assembly.
Subject to Article 64(5), any dispute between two
or more Contracting States concerning the (b) Adoption shall require three-fourths of
interpretation or application of this Treaty or the the votes cast.
Regulations, not settled by negotiation, may, by any (3)(a) Any amendment to the Articles
one of the States concerned, be brought before the referred to in paragraph (1) shall enter into force one
International Court of Justice by application in month after written notifications of acceptance,
conformity with the Statute of the Court, unless the effected in accordance with their respective
States concerned agree on some other method of constitutional processes, have been received by the
settlement. The Contracting State bringing the Director General from three-fourths of the States
dispute before the Court shall inform the members of the Assembly at the time it adopted the
International Bureau; the International Bureau shall amendment.
T-25 Rev. 08.2017, January 2018

(b) Any amendment to the said Articles thus four of those States each fulfill any of the following
accepted shall bind all the States which are members conditions:
of the Assembly at the time the amendment enters (i) the number of applications filed in the
into force, provided that any amendment increasing State has exceeded 40,000 according to the most
the financial obligations of the Contracting States recent annual statistics published by the International
shall bind only those States which have notified their Bureau,
acceptance of such amendment.
(ii) the nationals or residents of the State
(c) Any amendment accepted in accordance have filed at least 1,000 applications in one foreign
with the provisions of subparagraph (a) shall bind country according to the most recent annual statistics
all States which become members of the Assembly published by the International Bureau,
after the date on which the amendment entered into
force in accordance with the provisions of (iii) the national Office of the State has
subparagraph (a). received at least 10,000 applications from nationals
or residents of foreign countries according to the
CHAPTER VIII Final Provisions most recent annual statistics published by the
International Bureau.
(b) For the purposes of this paragraph, the
Article 62 term “applications” does not include applications
for utility models.
Becoming Party to the Treaty
(2) Subject to the provisions of paragraph (3),
(1) Any State member of the International Union any State which does not become party to this Treaty
for the Protection of Industrial Property may become upon entry into force under paragraph (1) shall
party to this Treaty by: become bound by this Treaty three months after the
date on which such State has deposited its instrument
(i) signature followed by the deposit of an of ratification or accession.
instrument of ratification, or
(3) The provisions of Chapter II and the
(ii) deposit of an instrument of accession. corresponding provisions of the Regulations annexed
(2) Instruments of ratification or accession shall to this Treaty shall become applicable, however,
be deposited with the Director General. only on the date on which three States each of which
fulfill at least one of the three requirements specified
(3) The provisions of Article 24 of the
in paragraph (1) have become party to this Treaty
Stockholm Act of the Paris Convention for the
without declaring, as provided in Article 64(1), that
Protection of Industrial Property shall apply to this
they do not intend to be bound by the provisions of
Treaty.
Chapter II. That date shall not, however, be prior to
(4) Paragraph (3) shall in no way be understood that of the initial entry into force under paragraph
as implying the recognition or tacit acceptance by a (1).
Contracting State of the factual situation concerning
a territory to which this Treaty is made applicable Article 64
by another Contracting State by virtue of the said
paragraph. Reservations
Article 63 (1)(a) Any State may declare that it shall not

be bound by the provisions of Chapter II.
Entry into Force of the Treaty
(b) States making a declaration under
subparagraph (a) shall not be bound by the
(1)(a) Subject to the provisions of paragraph
provisions of Chapter II and the corresponding
(3), this Treaty shall enter into force three months
provisions of the Regulations.
after eight States have deposited their instruments
of ratification or accession, provided that at least (2)(a) Any State not having made a
declaration under paragraph(1)(a) may declare that:
Rev. 08.2017, January 2018 T-26

(i) it shall not be bound by the provisions (c) Any State making a declaration under
of Article 39(1) with respect to the furnishing of a subparagraph (a) shall, at the same time, state in
copy of the international application and a translation writing the date from which, and the conditions
thereof (as prescribed), under which, the prior art effect of any international
application designating that State becomes effective
(ii) the obligation to delay national in that State. This statement may be modified at any
processing, as provided for under Article 40, shall time by notification addressed to the Director
not prevent publication, by or through its national General.
Office, of the international application or a
translation thereof, it being understood, however, (5) Each State may declare that it does not
that it is not exempted from the limitations provided consider itself bound by Article 59. With regard to
for in Articles 30 and 38. any dispute between any Contracting State having
made such a declaration and any other Contracting
(b) States making such a declaration shall be State, the provisions of Article 59 shall not apply.
bound accordingly.
(6)(a) Any declaration made under this
(3)(a) Any State may declare that, as far as Article shall be made in writing. It may be made at
it is concerned, international publication of the time of signing this Treaty, at the time of
international applications is not required. depositing the instrument of ratification or accession,
(b) Where, at the expiration of 18 months or, except in the case referred to in paragraph (5), at
from the priority date, the international application any later time by notification addressed to the
contains the designation only of such States as have Director General. In the case of the said notification,
made declarations under subparagraph (a), the the declaration shall take effect six months after the
international application shall not be published by day on which the Director General has received the
virtue of Article 21(2). notification, and shall not affect international
applications filed prior to the expiration of the said
(c) Where the provisions of subparagraph (b)
six-month period.
apply, the international application shall nevertheless
be published by the International Bureau: (b) Any declaration made under this Article
may be withdrawn at any time by notification
(i) at the request of the applicant, as
addressed to the Director General. Such withdrawal
provided in the Regulations,
shall take effect three months after the day on which
(ii) when a national application or a the Director General has received the notification
patent based on the international application is and, in the case of the withdrawal of a declaration
published by or on behalf of the national Office of made under paragraph (3), shall not affect
any designated State having made a declaration international applications filed prior to the expiration
under subparagraph (a), promptly after such of the said three-month period.
publication but not before the expiration of 18
(7) No reservations to this Treaty other than the
months from the priority date.
reservations under paragraphs (1) to (5) are
(4)(a) Any State whose national law provides permitted.
for prior art effect of its patents as from a date before
publication, but does not equate for prior art purposes Article 65
the priority date claimed under the Paris Convention
for the Protection of Industrial Property to the actual Gradual Application
filing date in that State, may declare that the filing
outside that State of an international application (1) If the agreement with any International
designating that State is not equated to an actual Searching or Preliminary Examining Authority
filing in that State for prior art purposes. provides, transitionally, for limits on the number or
kind of international applications that such Authority
(b) Any State making a declaration under undertakes to process, the Assembly shall adopt the
subparagraph (a) shall to that extent not be bound measures necessary for the gradual application of
by the provisions of Article 11(3). this Treaty and the Regulations in respect of given
categories of international applications. This
T-27 Rev. 08.2017, January 2018

provision shall also apply to requests for an (2) The Director General shall transmit two
international-type search under Article 15(5). copies, certified by him, of this Treaty and the
(2) The Assembly shall fix the dates from which, Regulations annexed hereto to the Governments of
subject to the provision of paragraph (1), all States party to the Paris Convention for the
international applications may be filed and demands Protection of Industrial Property and, on request, to
for international preliminary examination may be the Government of any other State.
submitted. Such dates shall not be later than six (3) The Director General shall register this
months after this Treaty has entered into force Treaty with the Secretariat of the United Nations.
according to the provisions of Article 63(1), or after (4) The Director General shall transmit two
Chapter II has become applicable under Article copies, certified by him, of any amendment to this
63(3), respectively. Treaty and the Regulations to the Governments of
Article 66 all Contracting States and, on request, to the
Government of any other State.
Denunciation Article 69
(1) Any Contracting State may denounce this
Notifications
Treaty by notification addressed to the Director
General.
The Director General shall notify the Governments
(2) Denunciation shall take effect six months of all States party to the Paris Convention for the
after receipt of the said notification by the Director Protection of Industrial Property of:
General. It shall not affect the effects of the
international application in the denouncing State if (i) signatures under Article 62,
the international application was filed, and, where
(ii) deposits of instruments of ratification or
the denouncing State has been elected, the election
accession under Article 62,
was made, prior to the expiration of the said
six-month period. (iii) the date of entry into force of this Treaty
and the date from which Chapter II is applicable in
Article 67 accordance with Article 63(3),
Signature and Languages (iv) any declarations made under Article 64(1)
to (5),
(1)(a) This Treaty shall be signed in a single (v) withdrawals of any declarations made under
original in the English and French languages, both Article 64(6)(b),
texts being equally authentic.
(vi) denunciations received under Article 66,
(b) Official texts shall be established by the and
Director General, after consultation with the
(vii) any declarations made under Article 31(4).
interested Governments, in the German, Japanese,
Portuguese, Russian and Spanish languages, and
such other languages as the Assembly may designate.
(2) This Treaty shall remain open for signature
at Washington until December 31, 1970.
Article 68
Depositary Functions
(1) The original of this Treaty, when no longer

open for signature, shall be deposited with the
Director General.
Rev. 08.2017, January 2018 T-28

PATENT COOPERATION TREATY
Rule 23 Transmittal of the Search Copy, Translation and

Regulations Under the Patent Cooperation Sequence Listing
Treaty Rule 23 bis Transmittal of Documents Relating to Earlier Search
or Classification
Rule 24 Receipt of the Record Copy by the International
(as in force from July 1, 2017) Bureau
Rule 25 Receipt of the Search Copy by the International
Adopted on June 19, 1970, and amended on April Searching Authority
Rule 26 Checking by, and Correcting Before, the Receiving
14, 1978, October 3, 1978, May 1, 1979, June 16, Office of Certain Elements of the International
1980, September 26, 1980, July 3, 1981, September Application
10, 1982, October 4, 1983, February 3, 1984, Rule 26 bis Correction or Addition of Priority Claim
Rule 26 ter Correction or Addition of Declarations Under Rule
September 28, 1984, October 1, 1985, July 12, 1991, 4.17
October 2, 1991, September 29, 1992, September Rule 27 Lack of Payment of Fees
Rule 28 Defects Noted by the International Bureau
29, 1993, October 3, 1995, October 1, 1997, Rule 29 International Applications Considered Withdrawn
September 15, 1998, September 29, 1999, March Rule 30 Time Limit Under Article 14(4)
17, 2000, October 3, 2000, October 3, 2001, October Rule 31 Copies Required Under Article 13
Rule 32 Extension of Effects of International Application to
1, 2002, October 1, 2003, October 5, 2004, October Certain Successor States
5, 2005, October 3, 2006, November 12, 2007, May Rule 32 bis [Deleted]
15, 2008, September 29, 2008, October 1, 2009, Rule 33 Relevant Prior Art for the International Search
Rule 34 Minimum Documentation
September 29, 2010, October 5, 2011, October 9, Rule 35 The Competent International Searching Authority
2012, October 2, 2013, September 30, 2014, October Rule 36 Minimum Requirements for International Searching
Authorities
14, 2015, and October 11, 2016. Rule 37 Missing or Defective Title
Rule 38 Missing or Defective Abstract
Rule 39 Subject Matter Under Article 17(2)(a)(i)
Rule 40 Lack of Unity of Invention (International Search)
TABLE OF CONTENTS 1 Rule 41 Taking into Account Results of Earlier Search and
Classification
Rule 42 Time Limit for International Search
Part A: Introductory Rules
Rule 43 The International Search Report
Rule 1 Abbreviated Expressions Rule 43 bis Written Opinion of the International Searching
Rule 2 Interpretation of Certain Words Authority
Rule 44 Transmittal of the International Search Report,
Part B: Rules Concerning Chapter I of the Treaty
Written Opinion, Etc.
Rule 3 The Request (Form) Rule 44 bis International Preliminary Report on Patentability by
Rule 4 The Request (Contents) the International Searching Authority
Rule 5 The Description Rule 45 Translation of the International Search Report
Rule 6 The Claims Rule 45 bis Supplementary International Searches
Rule 7 The Drawings Rule 46 Amendment of Claims before the International
Rule 8 The Abstract Bureau
Rule 9 Expressions, Etc., Not to Be Used Rule 47 Communication to Designated Offices
Rule 10 Terminology and Signs Rule 48 International Publication
Rule 11 Physical Requirements of the International Rule 49 Copy, Translation and Fee Under Article 22
Application Rule 49 bis Indications as to Protection Sought for Purposes of
Rule 12 Language of the International Application and National Processing
Translations for the Purposes of International Search Rule 49 ter Effect of Restoration of Right of Priority by
and International Publication Receiving Office; Restoration of Right of Priority
Rule 12 bis Submission by the Applicant of Documents Relating By Designated Office
to Earlier Search Rule 50 Faculty Under Article 22(3)
Rule 13 Unity of Invention Rule 51 Review by Designated Offices
Rule 13 bis Inventions Relating to Biological Material Rule 51 bis Certain National Requirements Allowed under
Rule 13 ter Nucleotide and/or Amino Acid Sequence Listings Article 27
Rule 14 The Transmittal Fee Rule 52 Amendment of the Claims, the Description, and the
Rule 15 The International Filing Fee Drawings, Before Designated Offices
Rule 16 The Search Fee Part C: Rules Concerning Chapter II of the Treaty
Rule 16 bis Extension of Time Limits for Payment of Fees
Rule 17 The Priority Document Rule 53 The Demand
Rule 18 The Applicant Rule 54 The Applicant Entitled to Make a Demand
Rule 19 The Competent Receiving Office Rule 54 bis Time Limit for Making a Demand
Rule 20 International Filing Date Rule 55 Languages (International Preliminary Examination)
Rule 21 Preparation of Copies Rule 56 [Deleted]
Rule 22 Transmittal of the Record Copy and Translation Rule 57 The Handling Fee
1 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
Regulations.
T-29 Rev. 08.2017, January 2018

MANUAL OF PATENT EXAMINING PROCEDURE
Rule 58 The Preliminary Examination Fee Rule 89 ter Copies in Electronic Form of Documents Filed on
Rule 58 bis Extension of Time Limits for Payment of Fees Paper
Rule 59 The Competent International Preliminary Examining Rule 90 Agents and Common Representatives
Authority Rule 90 bis Withdrawals
Rule 60 Certain Defects in the Demand Rule 91 Rectification of Obvious Mistakes in the
Rule 61 Notification of the Demand and Elections International Application and Other Documents
Rule 62 Copy of the Written Opinion by the International Rule 92 Correspondence
Searching Authority and of Amendments under Rule 92 bis Recording of Changes in Certain Indications in the
Article 19 for the International Preliminary Request or the Demand
Examining Authority Rule 93 Keeping of Records and Files
Rule 62 bis Translation for the International Preliminary Rule 93 bis Manner of Communication of Documents
Examining Authority of the Written Opinion of the Rule 94 Access to Files
International Searching Authority Rule 95 Information and Translations from Designated and
Rule 63 Minimum Requirements for International Elected Offices
Preliminary Examining Authorities Rule 96 The Schedule of Fees
Rule 64 Prior Art for International Preliminary Examination
Rule 65 Inventive Step or Non-Obviousness Part A
Rule 66 Procedure before the International Preliminary
Examining Authority
Rule 67 Subject Matter Under Article 34(4)(a)(i) Introductory Rules
Rule 68 Lack of Unity of Invention (International Preliminary
Examination) Rule 1
Rule 69 Start of and Time Limit for International Preliminary
Examination
Rule 70 International Preliminary Report on Patentability by Abbreviated Expressions
the International Preliminary Examining Authority
(International Preliminary Examination Report)
Rule 71 Transmittal of the International Preliminary 1.1 Meaning of Abbreviated Expressions
Examination Report
Rule 72 Translation of the International Preliminary
Examination Report and of the Written Opinion of (a) In these Regulations, the word “Treaty”
the International Searching Authority means the Patent Cooperation Treaty.
Rule 73 Communication of the International Preliminary
Examination Report or the Written Opinion of the (b) In these Regulations, the words “Chapter”
International Searching Authority
Rule 74 Translations of Annexes of the International
and “Article” refer to the specified Chapter or Article
Preliminary Examination Report and Transmittal of the Treaty.
Thereof
Rule 75 [Deleted] Rule 2
Rule 76 Translation of Priority Document; Application of
Certain Rules to Procedures Before Elected Offices
Rule 77 Faculty Under Article 39(1)(b) Interpretation of Certain Words
Rule 78 Amendment of the Claims, the Description, and the
Drawings, Before Elected Offices
Part D: Rules Concerning Chapter III of the Treaty 2.1 “Applicant”
Rule 79 Calendar
Rule 80 Computation of Time Limits Whenever the word “applicant” is used, it shall be
Rule 81 Modification of Time Limits Fixed in the Treaty construed as meaning also the agent or other
Rule 82 Irregularities in the Mail Service
Rule 82 bis Excuse by the Designated or Elected State of Delays representative of the applicant, except where the
in Meeting Certain Time Limits contrary clearly follows from the wording or the
Rule 82 ter Rectification of Errors Made by the Receiving Office nature of the provision, or the context in which the
or by the International Bureau
Rule 82 quater Excuse of Delay in Meeting Time Limits word is used, such as, in particular, where the
Rule 83 Right to Practice Before International Authorities provision refers to the residence or nationality of the
Part E: Rules Concerning Chapter V of the Treaty applicant.
Rule 84 Expenses of Delegations
Rule 85 Absence of Quorum in the Assembly 2.2 “Agent”
Rule 86 The Gazette
Rule 87 Communication of Publications
Rule 88 Amendment of the Regulations Whenever the word “agent” is used, it shall be
Rule 89 Administrative Instructions
construed as meaning an agent appointed under Rule
Part F: Rules Concerning Several Chapters of the Treaty
90.1, unless the contrary clearly follows from the
Rule 89 bis Filing, Processing and Communication of wording or the nature of the provision, or the context
International Applications and Other Documents in
Electronic Form or by Electronic Means in which the word is used.
Rev. 08.2017, January 2018 T-30

PATENT COOPERATION TREATY Rule 4
2.2 bis “Common Representative” 3.3 Check List
Whenever the expression “common representative” (a) The request shall contain a list indicating:
is used, it shall be construed as meaning an applicant (i) the total number of sheets constituting the
appointed as, or considered to be, the common international application and the number of the sheets
representative under Rule 90.2. of each element of the international application:
request, description (separately indicating the
2.3 “Signature” number of sheets of any sequence listing part of the
description), claims, drawings, abstract;
Whenever the word “signature” is used, it shall be (ii) where applicable, that the international
understood that, if the national law applied by the application as filed is accompanied by a power of
receiving Office or the competent International attorney (i.e., a document appointing an agent or a
Searching or Preliminary Examining Authority common representative), a copy of a general power
requires the use of a seal instead of a signature, the of attorney, a priority document, a sequence listing
word, for the purposes of that Office or Authority, in electronic form, a document relating to the
shall mean seal. payment of fees, or any other document (to be
specified in the check list);
2.4 “Priority Period”
(iii) the number of that figure of the drawings
(a) Whenever the term “priority period” is used which the applicant suggests should accompany the
in relation to a priority claim, it shall be construed abstract when the abstract is published; in
as meaning the period of 12 months from the filing exceptional cases, the applicant may suggest more
date of the earlier application whose priority is so than one figure.
claimed. The day of filing of the earlier application (b) The list shall be completed by the applicant,
shall not be included in that period. failing which the receiving Office shall make the
(b) Rule 80.5 shall apply mutatis mutandis to necessary indications, except that the number
the priority period. referred to in paragraph (a)(iii) shall not be indicated
by the receiving Office.
Part B
3.4 Particulars
Rules Concerning Chapter I of the Treaty
Subject to Rule 3.3, particulars of the printed request
Rule 3 form and of a request presented as a computer
print-out shall be prescribed by the Administrative
The Request (Form) Instructions.
3.1 Form of Request Rule 4
The request shall be made on a printed form or be The Request (Contents)

presented as a computer print-out.
4.1 Mandatory and Optional Contents;
3.2 Availability of Forms Signature
Copies of the printed form shall be furnished free of (a) The request shall contain:
charge to the applicants by the receiving Office, or, (i) a petition,
if the receiving Office so desires, by the International
Bureau. (ii) the title of the invention,
(iii) indications concerning the applicant and
the agent, if there is an agent,
T-31 Rev. 08.2017, January 2018

Rule 4 MANUAL OF PATENT EXAMINING PROCEDURE
(iv) indications concerning the inventor 4.4 Names and Addresses

where the national law of at least one of the
designated States requires that the name of the (a) Names of natural persons shall be indicated
inventor be furnished at the time of filing a national by the person’s family name and given name(s), the
application. family name being indicated before the given
name(s).
(b) The request shall, where applicable, contain:
(b) Names of legal entities shall be indicated by
(i) a priority claim,
their full, official designations.
(ii) indications relating to an earlier search
(c) Addresses shall be indicated in such a way
as provided in Rules 4.12(i) and 12 bis.1(c) and (f),
as to satisfy the customary requirements for prompt
(iii) a reference to a parent application or postal delivery at the indicated address and, in any
parent patent, case, shall consist of all the relevant administrative
(iv) an indication of the applicant’s choice units up to, and including, the house number, if any.
of competent International Searching Authority. Where the national law of the designated State does
not require the indication of the house number,
(c) The request may contain: failure to indicate such number shall have no effect
(i) indications concerning the inventor where in that State. In order to allow rapid communication
the national law of none of the designated States with the applicant, it is recommended to indicate
requires that the name of the inventor be furnished any teleprinter address, telephone and facsimile
at the time of filing a national application, machine numbers, or corresponding data for other
like means of communication, of the applicant or,
(ii) a request to the receiving Office to
where applicable, the agent or the common
prepare and transmit the priority document to the
representative.
International Bureau where the application whose
priority is claimed was filed with the national Office (d) For each applicant, inventor, or agent, only
or intergovernmental authority which is the receiving one address may be indicated, except that, if no agent
Office, has been appointed to represent the applicant, or all
of them if more than one, the applicant or, if there
(iii) declarations as provided in Rule 4.17,
is more than one applicant, the common
(iv) a statement as provided in Rule 4.18, representative, may indicate, in addition to any other
(v) a request for restoration of the right of address given in the request, an address to which
priority, notifications shall be sent.
(vi) a statement as provided in Rule 4.12(ii). 4.5 The Applicant
(d) The request shall be signed.
(a) The request shall indicate:
4.2 The Petition (i) the name,
The petition shall be to the following effect and shall (ii) the address, and
preferably be worded as follows: “The undersigned (iii) the nationality and residence
requests that the present international application be
processed according to the Patent Cooperation of the applicant or, if there are several applicants, of
Treaty.” each of them.
(b) The applicant’s nationality shall be indicated
4.3 Title of the Invention by the name of the State of which he is a national.
(c) The applicant’s residence shall be indicated
The title of the invention shall be short (preferably
by the name of the State of which he is a resident.
from two to seven words when in English or
translated into English) and precise. (d) The request may, for different designated
States, indicate different applicants. In such a case,
the request shall indicate the applicant or applicants
Rev. 08.2017, January 2018 T-32

for each designated State or group of designated (ii) an indication that the international
States. application is, in respect of each designated State to
(e) Where the applicant is registered with the which Article 43 or 44 applies, for the grant of every
national Office that is acting as receiving Office, the kind of protection which is available by way of the
request may indicate the number or other indication designation of that State;
under which the applicant is so registered. (iii) an indication that the international
4.6 The Inventor application is, in respect of each designated State to
which Article 45(1) applies, for the grant of a
(a) Where Rule 4.1(a)(iv) or (c)(i) applies, the regional patent and also, unless Article 45(2) applies,
request shall indicate the name and address of the a national patent.
inventor or, if there are several inventors, of each of (b) Notwithstanding paragraph (a)(i), if, on
them. October 5, 2005, the national law of a Contracting
(b) If the applicant is the inventor, the request, State provides that the filing of an international
in lieu of the indication under paragraph (a), shall application which contains the designation of that
contain a statement to that effect. State and claims the priority of an earlier national
application having effect in that State shall have the
(c) The request may, for different designated
result that the earlier national application ceases to
States, indicate different persons as inventors where,
have effect with the same consequences as the
in this respect, the requirements of the national laws
withdrawal of the earlier national application, any
of the designated States are not the same. In such a
request in which the priority of an earlier national
case, the request shall contain a separate statement
application filed in that State is claimed may contain
for each designated State or group of States in which
an indication that the designation of that State is not
a particular person, or the same person, is to be
made, provided that the designated Office notifies
considered the inventor, or in which particular
the International Bureau by January 5, 2006, that
persons, or the same persons, are to be considered
this paragraph shall apply in respect of designations
the inventors.
of that State and that the notification is still in force
4.7 The Agent on the international filing date. The information
received shall be promptly published by the
(a) If an agent is appointed, the request shall so International Bureau in the Gazette.
indicate, and shall state the agent’s name and (c) [Deleted]
address.
4.10 Priority Claim
(b) Where the agent is registered with the
national Office that is acting as receiving Office, the
(a) Any declaration referred to in Article 8(1)
request may indicate the number or other indication
(“priority claim”) may claim the priority of one or
under which the agent is so registered.
more earlier applications filed either in or for any
4.8 Common Representative country party to the Paris Convention for the
Protection of Industrial Property or in or for any
If a common representative is appointed, the request Member of the World Trade Organization that is not
shall so indicate. party to that Convention. Any priority claim shall
be made in the request; it shall consist of a statement
to the effect that the priority of an earlier application
4.9 Designation of States; Kinds of
is claimed and shall indicate:
Protection; National and Regional Patents
(i) the date on which the earlier application
(a) The filing of a request shall constitute: was filed;
(i) the designation of all Contracting States (ii) the number of the earlier application;
that are bound by the Treaty on the international (iii) where the earlier application is a national
filing date; application, the country party to the Paris Convention
for the Protection of Industrial Property or the
T-33 Rev. 08.2017, January 2018

Member of the World Trade Organization that is not

party to that Convention in which it was filed; the request shall so indicate and shall indicate the
relevant parent application or parent patent or other
(iv) where the earlier application is a regional parent grant.
application, the authority entrusted with the granting
of regional patents under the applicable regional (b) The inclusion in the request of an indication
patent treaty; under paragraph (a) shall have no effect on the
operation of Rule 4.9.
(v) where the earlier application is an
international application, the receiving Office with 4.12 Taking into Account Results of Earlier
which it was filed. Search
(b) In addition to any indication required under
paragraph (a)(iv) or (v): If the applicant wishes the International Searching
Authority to take into account, in carrying out the
(i) where the earlier application is a regional international search, the results of an earlier
application or an international application, the international, international-type or national search
priority claim may indicate one or more countries carried out by the same or another International
party to the Paris Convention for the Protection of Searching Authority or by a national Office (“earlier
Industrial Property for which that earlier application search”):
was filed;
(ii) where the earlier application is a regional (i) the request shall so indicate and shall specify
application and at least one of the countries party to the Authority or Office concerned and the application
the regional patent treaty is neither party to the Paris in respect of which the earlier search was carried
Convention for the Protection of Industrial Property out;
nor a Member of the World Trade Organization, the (ii) the request may, where applicable, contain
priority claim shall indicate at least one country party a statement to the effect that the international
to that Convention or one Member of the application is the same, or substantially the same,
Organization for which that earlier application was as the application in respect of which the earlier
filed. search was carried out, or that the international
(c) For the purposes of paragraphs (a) and (b), application is the same, or substantially the same,
Article 2(vi) shall not apply. as that earlier application except that it is filed in a
different language.
(d) [Deleted]
4.11 Reference to Continuation or 4.13 [Deleted]
Continuation-in-Part, or Parent Application
or Grant 4.14 [Deleted]
(a) If: 4.14 bis Choice of International Searching

Authority
(i) the applicant intends to make an indication
under Rule 49 bis.1(a) or (b) of the wish that the
international application be treated, in any designated If two or more International Searching Authorities
State, as an application for a patent of addition, are competent for the searching of the international
certificate of addition, inventor’s certificate of application, the applicant shall indicate his choice
addition or utility certificate of addition; or of International Searching Authority in the request.
(ii) the applicant intends to make an 4.15 Signature

indication under Rule 49 bis.1(d) of the wish that
the international application be treated, in any The request shall be signed by the applicant or,
designated State, as an application for a continuation if there is more than one applicant, by all of them.
or a continuation-in-part of an earlier application;
Rev. 08.2017, January 2018 T-34

4.16 Transliteration or Translation of element of the international application referred to

Certain Words in Article 11(1)(iii)(d) or (e) or a part of the
description, claims or drawings referred to in
(a) Where any name or address is written in Rule 20.5(a) is not otherwise contained in the
characters other than those of the Latin alphabet, the international application but is completely contained
same shall also be indicated in characters of the Latin in the earlier application, that element or part is,
alphabet either as a mere transliteration or through subject to confirmation under Rule 20.6,
translation into English. The applicant shall decide incorporated by reference in the international
which words will be merely transliterated and which application for the purposes of Rule 20.6. Such a
words will be so translated. statement, if not contained in the request on that
date, may be added to the request if, and only if, it
(b) The name of any country written in
was otherwise contained in, or submitted with, the
characters other than those of the Latin alphabet shall
international application on that date.
also be indicated in English.
4.17 Declarations Relating to National 4.19 Additional Matter
Requirements Referred to in Rule
51 bis.1(a)(i) to (v) (a) The request shall contain no matter other
than that specified in Rules 4.1 to 4.18, provided
The request may, for the purposes of the national that the Administrative Instructions may permit, but
law applicable in one or more designated States, cannot make mandatory, the inclusion in the request
contain one or more of the following declarations, of any additional matter specified in the
worded as prescribed by the Administrative Administrative Instructions.
Instructions: (b) If the request contains matter other than that
specified in Rules 4.1 to 4.18 or permitted under
(i) a declaration as to the identity of the inventor, paragraph (a) by the Administrative Instructions, the
as referred to in Rule 51 bis.1(a)(i); receiving Office shall ex officio delete the additional
(ii) a declaration as to the applicant’s matter.
entitlement, as at the international filing date, to Rule 5
apply for and be granted a patent, as referred to in
Rule 51 bis.1(a)(ii);
The Description
(iii) a declaration as to the applicant’s
entitlement, as at the international filing date, to 5.1 Manner of the Description
claim priority of the earlier application, as referred
to in Rule 51 bis.1(a)(iii); (a) The description shall first state the title of
(iv) a declaration of inventorship, as referred to the invention as appearing in the request and shall:
in Rule 51 bis.1(a)(iv), which shall be signed as (i) specify the technical field to which the
prescribed by the Administrative Instructions; invention relates;
(v) a declaration as to non-prejudicial disclosures (ii) indicate the background art which, as far
or exceptions to lack of novelty, as referred to in as known to the applicant, can be regarded as useful
Rule 51 bis.1(a)(v). for the understanding, searching and examination of
4.18 Statement of Incorporation by the invention, and, preferably, cite the documents
Reference reflecting such art;
(iii) disclose the invention, as claimed, in
Where the international application, on the date on such terms that the technical problem (even if not
which one or more elements referred to in expressly stated as such) and its solution can be
Article 11(1)(iii) were first received by the receiving understood, and state the advantageous effects, if
Office, claims the priority of an earlier application, any, of the invention with reference to the
the request may contain a statement that, where an background art;
T-35 Rev. 08.2017, January 2018

(iv) briefly describe the figures in the Rule 6

drawings, if any;
(v) set forth at least the best mode The Claims
contemplated by the applicant for carrying out the
invention claimed; this shall be done in terms of 6.1 Number and Numbering of Claims
examples, where appropriate, and with reference to
the drawings, if any; where the national law of the (a) The number of the claims shall be reasonable
designated State does not require the description of in consideration of the nature of the invention
the best mode but is satisfied with the description of claimed.
any mode (whether it is the best contemplated or (b) If there are several claims, they shall be
not), failure to describe the best mode contemplated numbered consecutively in Arabic numerals.
shall have no effect in that State;
(c) The method of numbering in the case of the
(vi) indicate explicitly, when it is not obvious amendment of claims shall be governed by the
from the description or nature of the invention, the Administrative Instructions.
way in which the invention is capable of exploitation
in industry and the way in which it can be made and 6.2 References to Other Parts of the
used, or, if it can only be used, the way in which it International Application
can be used; the term “industry” is to be understood
in its broadest sense as in the Paris Convention for (a) Claims shall not, except where absolutely
the Protection of Industrial Property. necessary, rely, in respect of the technical features
of the invention, on references to the description or
(b) The manner and order specified in paragraph
drawings. In particular, they shall not rely on such
(a) shall be followed except when, because of the
references as: “as described in part ... of the
nature of the invention, a different manner or a
description,” or “as illustrated in figure ... of the
different order would result in a better understanding
drawings.”
and a more economic presentation.
(b) Where the international application contains
(c) Subject to the provisions of paragraph (b),
drawings, the technical features mentioned in the
each of the parts referred to in paragraph (a) shall
claims shall preferably be followed by the reference
preferably be preceded by an appropriate heading
signs relating to such features. When used, the
as suggested in the Administrative Instructions.
reference signs shall preferably be placed between
5.2 Nucleotide and/or Amino Acid Sequence parentheses. If inclusion of reference signs does not
Disclosure particularly facilitate quicker understanding of a
claim, it should not be made. Reference signs may
(a) Where the international application contains be removed by a designated Office for the purposes
disclosure of one or more nucleotide of publication by such Office.
and/or amino acid sequences, the description shall 6.3 Manner of Claiming
contain a sequence listing complying with the
standard provided for in the Administrative (a) The definition of the matter for which
Instructions and presented as a separate part of the protection is sought shall be in terms of the technical
description in accordance with that standard. features of the invention.
(b) Where the sequence listing part of the (b) Whenever appropriate, claims shall contain:
description contains any free text as defined in the
standard provided for in the Administrative (i) a statement indicating those technical
Instructions, that free text shall also appear in the features of the invention which are necessary for the
main part of the description in the language thereof. definition of the claimed subject matter but which,
in combination, are part of the prior art,
(ii) a characterizing portion — preceded by
the words “characterized in that,” “characterized
by,” “wherein the improvement comprises,” or any
Rev. 08.2017, January 2018 T-36

other words to the same effect — stating concisely provisions of its national law concerning utility
the technical features which, in combination with models once the processing of the international
the features stated under (i), it is desired to protect. application has started in that State, provided that
the applicant shall be allowed at least two months
(c) Where the national law of the designated from the expiration of the time limit applicable under
State does not require the manner of claiming Article 22 to adapt his application to the
provided for in paragraph (b), failure to use that requirements of the said provisions of the national
manner of claiming shall have no effect in that State law.
provided the manner of claiming actually used
satisfies the national law of that State.
Rule 7
6.4 Dependent Claims
The Drawings
(a) Any claim which includes all the features of
one or more other claims (claim in dependent form, 7.1 Flow Sheets and Diagrams
hereinafter referred to as “dependent claim”) shall
do so by a reference, if possible at the beginning, to
Flowsheets and diagrams are considered drawings.
the other claim or claims and shall then state the
additional features claimed. Any dependent claim
which refers to more than one other claim (“multiple 7.2 Time Limit
dependent claim”) shall refer to such claims in the
alternative only. Multiple dependent claims shall not The time limit referred to in Article 7(2)(ii) shall be
serve as a basis for any other multiple dependent reasonable under the circumstances of the case and
claim. Where the national law of the national Office shall, in no case, be shorter than two months from
acting as International Searching Authority does not the date of the written invitation requiring the filing
allow multiple dependent claims to be drafted in a of drawings or additional drawings under the said
manner different from that provided for in the provision.
preceding two sentences, failure to use that manner
of claiming may result in an indication under Article Rule 8
17(2)(b) in the international search report. Failure
to use the said manner of claiming shall have no The Abstract
effect in a designated State if the manner of claiming
actually used satisfies the national law of that State. 8.1 Contents and Form of the Abstract
(b) Any dependent claim shall be construed as
including all the limitations contained in the claim (a) The abstract shall consist of the following:
to which it refers or, if the dependent claim is a (i) a summary of the disclosure as contained
multiple dependent claim, all the limitations in the description, the claims, and any drawings; the
contained in the particular claim in relation to which summary shall indicate the technical field to which
it is considered. the invention pertains and shall be drafted in a way
(c) All dependent claims referring back to a which allows the clear understanding of the technical
single previous claim, and all dependent claims problem, the gist of the solution of that problem
referring back to several previous claims, shall be through the invention, and the principal use or uses
grouped together to the extent and in the most of the invention;
practical way possible. (ii) where applicable, the chemical formula
6.5 Utility Models which, among all the formulae contained in the
international application, best characterizes the
invention.
Any designated State in which the grant of a utility
model is sought on the basis of an international (b) The abstract shall be as concise as the
application may, instead of Rules 6.1 to 6.4, apply disclosure permits (preferably 50 to 150 words if it
in respect of the matters regulated in those Rules the is in English or when translated into English).
T-37 Rev. 08.2017, January 2018

(c) The abstract shall not contain statements on (i) expressions or drawings contrary to morality;
the alleged merits or value of the claimed invention (ii) expressions or drawings contrary to public
or on its speculative application. order;
(d) Each main technical feature mentioned in (iii) statements disparaging the products or
the abstract and illustrated by a drawing in the processes of any particular person other than the
international application shall be followed by a applicant, or the merits or validity of applications or
reference sign, placed between parentheses. patents of any such person (mere comparisons with
8.2 Figure the prior art shall not be considered disparaging, per
se);
(a) If the applicant fails to make the indication (iv) any statement or other matter obviously
referred to in Rule 3.3(a)(iii), or if the International irrelevant or unnecessary under the circumstances.
Searching Authority finds that a figure or figures
other than that figure or those figures suggested by 9.2 Noting of Lack of Compliance
the applicant would, among all the figures of all the
drawings, better characterize the invention, it shall, The receiving Office, the International Searching
subject to paragraph (b), indicate the figure or figures Authority, the Authority specified for supplementary
which should accompany the abstract when the latter search and the International Bureau may note lack
is published by the International Bureau. In such of compliance with the prescriptions of Rule 9.1 and
case, the abstract shall be accompanied by the figure may suggest to the applicant that he voluntarily
or figures so indicated by the International Searching correct his international application accordingly, in
Authority. Otherwise, the abstract shall, subject to which case the receiving Office, the competent
paragraph (b), be accompanied by the figure or International Searching Authority, the competent
figures suggested by the applicant. Authority specified for supplementary search and
the International Bureau, as applicable, shall be
(b) If the International Searching Authority finds
informed of the suggestion.
that none of the figures of the drawings is useful for
the understanding of the abstract, it shall notify the
International Bureau accordingly. In such case, the 9.3 Reference to Article 21(6)
abstract, when published by the International Bureau,
shall not be accompanied by any figure of the “Disparaging statements,” referred to in Article
drawings even where the applicant has made a 21(6), shall have the meaning as defined in Rule
suggestion under Rule 3.3(a)(iii). 9.1(iii).
8.3 Guiding Principles in Drafting Rule 10

The abstract shall be so drafted that it can efficiently
Terminology and Signs
serve as a scanning tool for purposes of searching
in the particular art, especially by assisting the
scientist, engineer or researcher in formulating an 10.1 Terminology and Signs
opinion on whether there is a need for consulting
(a) Units of weights and measures shall be
the international application itself.
expressed in terms of the metric system, or also
expressed in such terms if first expressed in terms
Rule 9 of a different system.
Expressions, Etc., Not to Be Used (b) Temperatures shall be expressed in degrees

Celsius, or also expressed in degrees Celsius, if first
expressed in a different manner.
9.1 Definition
(c) [Deleted]
The international application shall not contain: (d) For indications of heat, energy, light, sound,
and magnetism, as well as for mathematical formulae
Rev. 08.2017, January 2018 T-38

and electrical units, the rules of international practice (c) Only one side of each sheet shall be used.
shall be observed; for chemical formulae, the (d) Subject to Rule 11.10(d) and Rule 11.13(j),
symbols, atomic weights, and molecular formulae, each sheet shall be used in an upright position (i.e.,
in general use, shall be employed. the short sides at the top and bottom).
(e) In general, only such technical terms, signs,
and symbols should be used as are generally 11.3 Material to Be Used
accepted in the art.
All elements of the international application shall
(f) When the international application or its be on paper which shall be flexible, strong, white,
translation is in Chinese, English, or Japanese, the smooth, non-shiny, and durable.
beginning of any decimal fraction shall be marked
by a period, whereas, when the international
11.4 Separate Sheets, Etc.
application or its translation is in a language other
than Chinese, English, or Japanese, it shall be
(a) Each element (request, description, claims,
marked by a comma.
drawings, abstract) of the international application
10.2 Consistency shall commence on a new sheet.
(b) All sheets of the international application
The terminology and the signs shall be consistent shall be so connected that they can be easily turned
throughout the international application. when consulted, and easily separated and joined
again if they have been separated for reproduction
Rule 11 purposes.
11.5 Size of Sheets
Physical Requirements of the International
Application The size of the sheets shall be A4 (29.7 cm x 21 cm).
However, any receiving Office may accept
11.1 Number of Copies international applications on sheets of other sizes
provided that the record copy, as transmitted to the
(a) Subject to the provisions of paragraph (b), International Bureau, and, if the competent
the international application and each of the International Searching Authority so desires, the
documents referred to in the check list (Rule search copy, shall be of A4 size.
3.3(a)(ii)) shall be filed in one copy.
(b) Any receiving Office may require that the 11.6 Margins
international application and any of the documents
referred to in the check list (Rule 3.3(a)(ii)), except (a) The minimum margins of the sheets
the receipt for the fees paid or the check for the containing the description, the claims, and the
payment of the fees, be filed in two or three copies. abstract, shall be as follows:
In that case, the receiving Office shall be responsible
for verifying the identity of the second and the third - top: 2 cm
copies with the record copy. - left side: 2.5 cm
- right side: 2 cm
11.2 Fitness for Reproduction - bottom: 2 cm
(a) All elements of the international application (b) The recommended maximum, for the
(i.e., the request, the description, the claims, the margins provided for in paragraph (a), is as follows:
drawings, and the abstract) shall be so presented as
to admit of direct reproduction by photography, - top: 4 cm
electrostatic processes, photo offset, and - left side: 4 cm
microfilming, in any number of copies. - right side: 3 cm
(b) All sheets shall be free from creases and - bottom: 3 cm
cracks; they shall not be folded.
T-39 Rev. 08.2017, January 2018
(c) On sheets containing drawings, the surface characters in the Chinese or Japanese language may,
usable shall not exceed 26.2 cm x 17.0 cm. The when necessary, be written by hand or drawn.
sheets shall not contain frames around the usable or (c) The typing shall be 1 1/2-spaced.
used surface. The minimum margins shall be as
follows: (d) All text matter shall be in characters the
capital letters of which are not less than 0.28 cm
- top: 2.5 cm high, and shall be in a dark, indelible color,
- left side: 2.5 cm satisfying the requirements specified in Rule 11.2,
- right side: 1.5 cm provided that any text matter in the request may be
- bottom: 1 cm. in characters the capital letters of which are not less
than 0.21 cm high.
(d) The margins referred to in paragraphs (a) to (e) As far as the spacing of the typing and the
(c) apply to A4-size sheets, so that, even if the size of the characters are concerned, paragraphs (c)
receiving Office accepts other sizes, the A4-size and (d) shall not apply to texts in the Chinese or
record copy and, when so required, the A4-size Japanese languages.
search copy shall leave the aforesaid margins.
11.10 Drawings, Formulae, and Tables, in
(e) Subject to paragraph (f) and to Rule 11.8(b),
the margins of the international application, when
Text Matter
submitted, must be completely blank.
(a) The request, the description, the claims and
(f) The top margin may contain in the left-hand the abstract shall not contain drawings.
corner an indication of the applicant’s file reference,
(b) The description, the claims and the abstract
provided that the reference appears within 1.5 cm
may contain chemical or mathematical formulae.
from the top of the sheet. The number of characters
in the applicant’s file reference shall not exceed the (c) The description and the abstract may contain
maximum fixed by the Administrative Instructions. tables; any claim may contain tables only if the
subject matter of the claim makes the use of tables
11.7 Numbering of Sheets desirable.
(a) All the sheets contained in the international (d) Tables and chemical or mathematical
application shall be numbered in consecutive Arabic formulae may be placed sideways on the sheet if
numerals. they cannot be presented satisfactorily in an upright
position thereon; sheets on which tables or chemical
(b) The numbers shall be centered at the top or or mathematical formulae are presented sideways
bottom of the sheet, but shall not be placed in the shall be so presented that the tops of the tables or
margin. formulae are at the left side of the sheet.
11.8 Numbering of Lines 11.11 Words in Drawings
(a) It is strongly recommended to number every (a) The drawings shall not contain text matter,
fifth line of each sheet of the description, and of each except a single word or words, when absolutely
sheet of claims. indispensable, such as “water,” “steam,” “open,”
(b) The numbers should appear in the right half “closed,” “section on AB,” and, in the case of
of the left margin. electric circuits and block schematic or flow sheet
diagrams, a few short catchwords indispensable for
11.9 Writing of Text Matter understanding.
(a) The request, the description, the claims and (b) Any words used shall be so placed that, if
the abstract shall be typed or printed. translated, they may be pasted over without
interfering with any lines of the drawings.
(b) Only graphic symbols and characters,
chemical or mathematical formulae, and certain
Rev. 08.2017, January 2018 T-40

11.12 Alterations, Etc. (j) The different figures shall be arranged on a

sheet or sheets without wasting space, preferably in
Each sheet shall be reasonably free from erasures an upright position, clearly separated from one
and shall be free from alterations, overwritings, and another. Where the figures are not arranged in an
interlineations. Non-compliance with this Rule may upright position, they shall be presented sideways
be authorized if the authenticity of the content is not with the top of the figures at the left side of the sheet.
in question and the requirements for good (k) The different figures shall be numbered in
reproduction are not in jeopardy. Arabic numerals consecutively and independently
of the numbering of the sheets.
11.13 Special Requirements for Drawings (l) Reference signs not mentioned in the
description shall not appear in the drawings, and
(a) Drawings shall be executed in durable, black, vice versa.
sufficiently dense and dark, uniformly thick and
well-defined, lines and strokes without colorings. (m) The same features, when denoted by
reference signs, shall, throughout the international
(b) Cross-sections shall be indicated by oblique application, be denoted by the same signs.
hatching which should not impede the clear reading
of the reference signs and leading lines. (n) If the drawings contain a large number of
reference signs, it is strongly recommended to attach
(c) The scale of the drawings and the distinctness a separate sheet listing all reference signs and the
of their graphical execution shall be such that a features denoted by them.
photographic reproduction with a linear reduction
in size to two-thirds would enable all details to be 11.14 Later Documents
distinguished without difficulty.
(d) When, in exceptional cases, the scale is given Rules 10, and 11.1 to 11.13, also apply to any
on a drawing, it shall be represented graphically. document—for example, replacement sheets,
amended claims, translations—submitted after the
(e) All numbers, letters and reference lines, filing of the international application.
appearing on the drawings, shall be simple and clear.
Brackets, circles or inverted commas shall not be
Rule 12
used in association with numbers and letters.
(f) All lines in the drawings shall, ordinarily, be Language of the International Application
drawn with the aid of drafting instruments. and Translations for the Purposes of
(g) Each element of each figure shall be in International Search and International
proper proportion to each of the other elements in Publication
the figure, except where the use of a different
proportion is indispensable for the clarity of the 12.1 Languages Accepted for the Filing of
figure. International Applications
(h) The height of the numbers and letters shall
not be less than 0.32 cm. For the lettering of (a) An international application shall be filed in
drawings, the Latin and, where customary, the Greek any language which the receiving Office accepts for
alphabets shall be used. that purpose.
(i) The same sheet of drawings may contain (b) Each receiving Office shall, for the filing of
several figures. Where figures on two or more sheets international applications, accept at least one
form in effect a single complete figure, the figures language which is both:
on the several sheets shall be so arranged that the (i) a language accepted by the International
complete figure can be assembled without concealing Searching Authority, or, if applicable, by at least
any part of any of the figures appearing on the one of the International Searching Authorities,
various sheets. competent for the international searching of
T-41 Rev. 08.2017, January 2018

international applications filed with that receiving (b) Any rectification under Rule 91.1 of an
Office, and obvious mistake in the international application shall
be in the language in which the application is filed,
(ii) a language of publication. provided that:
(iii) [Deleted] (i) where a translation of the international
(c) Notwithstanding paragraph (a), the request application is required under Rule 12.3(a), 12.4(a)
shall be filed in any language of publication which or 55.2(a), rectifications referred to in Rule
the receiving Office accepts for the purposes of this 91.1(b)(ii) and (iii) shall be filed in both the language
paragraph. of the application and the language of that
translation;
(d) Notwithstanding paragraph (a), any text
matter contained in the sequence listing part of the (ii) where a translation of the request is
description referred to in Rule 5.2(a) shall be required under Rule 26.3 ter(c), rectifications
presented in accordance with the standard provided referred to in Rule 91.1(b)(i) need only be filed in
for in the Administrative Instructions. the language of that translation.
12.1 bis Language of Elements and Parts (c) Any correction under Rule 26 of a defect in
the international application shall be in the language
Furnished under Rule 20.3, 20.5 or 20.6
in which the international application is filed. Any
correction under Rule 26 of a defect in a translation
An element referred to in Article 11(1)(iii)(d) or (e)
of the international application furnished under Rule
furnished by the applicant under Rule 20.3(b) or
12.3 or 12.4, any correction under Rule 55.2(c) of a
20.6(a) and a part of the description, claims or
defect in a translation furnished under Rule 55.2(a),
drawings furnished by the applicant under
or any correction of a defect in a translation of the
Rule 20.5(b) or 20.6(a) shall be in the language of
request furnished under Rule 26.3 ter(c), shall be in
the international application as filed or, where a
the language of the translation.
translation of the application is required under
Rule 12.3(a) or 12.4(a), in both the language of the 12.3 Translation for the Purposes of
application as filed and the language of that International Search
translation.
(a) Where the language in which the
12.1 ter Language of Indications Furnished international application is filed is not accepted by
under Rule 13 bis.4 the International Searching Authority that is to carry
out the international search, the applicant shall,
Any indication in relation to deposited biological within one month from the date of receipt of the
material furnished under Rule 13 bis.4 shall be in international application by the receiving Office,
the language in which the international application furnish to that Office a translation of the international
is filed, provided that, where a translation of the application into a language which is all of the
international application is required under Rule following:
12.3(a) or 12.4(a), any such indication shall be (i) a language accepted by that Authority,
furnished in both the language in which the and
application is filed and the language of that
(ii) a language of publication, and
translation.
(iii) a language accepted by the receiving
12.2 Language of Changes in the Office under Rule 12.1(a), unless the international
International Application application is filed in a language of publication.
(b) Paragraph (a) shall not apply to the request
(a) Any amendment of the international nor to any sequence listing part of the description.
application shall, subject to Rules 46.3 and 55.3, be (c) Where, by the time the receiving Office sends
in the language in which the application is filed. to the applicant the notification under Rule 20.2(c),
the applicant has not furnished a translation required
Rev. 08.2017, January 2018 T-42

PATENT COOPERATION TREATY Rule 12bis
under paragraph (a), the receiving Office shall, (c) Where the applicant has not, within the time
preferably together with that notification, invite the limit referred to in paragraph (a), furnished a
applicant: translation required under that paragraph, the
(i) to furnish the required translation within receiving Office shall invite the applicant to furnish
the time limit under paragraph (a); the required translation, and to pay, where
applicable, the late furnishing fee required under
(ii) in the event that the required translation paragraph (e), within 16 months from the priority
is not furnished within the time limit under paragraph date. Any translation received by the receiving
(a), to furnish it and to pay, where applicable, the Office before that Office sends the invitation under
late furnishing fee referred to in paragraph (e), within the previous sentence shall be considered to have
one month from the date of the invitation or two been received before the expiration of the time limit
months from the date of receipt of the international under paragraph (a).
application by the receiving Office, whichever
expires later. (d) Where the applicant has not, within the time
limit under paragraph (c), furnished the required
(d) Where the receiving Office has sent to the translation and paid any required late furnishing fee,
applicant an invitation under paragraph (c) and the the international application shall be considered
applicant has not, within the applicable time limit withdrawn and the receiving Office shall so declare.
under paragraph (c)(ii), furnished the required Any translation and any payment received by the
translation and paid any required late furnishing fee, receiving Office before that Office makes the
the international application shall be considered declaration under the previous sentence and before
withdrawn and the receiving Office shall so declare. the expiration of 17 months from the priority date
Any translation and any payment received by the shall be considered to have been received before the
receiving Office before that Office makes the expiration of that time limit.
declaration under the previous sentence and before
the expiration of 15 months from the priority date (e) The furnishing of a translation after the
shall be considered to have been received before the expiration of the time limit under paragraph (a) may
expiration of that time limit. be subjected by the receiving Office to the payment
to it, for its own benefit, of a late furnishing fee equal
(e) The furnishing of a translation after the to 25% of the international filing fee referred to in
expiration of the time limit under paragraph (a) may item 1 of the Schedule of Fees, not taking into
be subjected by the receiving Office to the payment account any fee for each sheet of the international
to it, for its own benefit, of a late furnishing fee equal application in excess of 30 sheets.
to 25% of the international filing fee referred to in
item 1 of the Schedule of Fees, not taking into Rule 12bis
account any fee for each sheet of the international
application in excess of 30 sheets. Submission by the Applicant of Documents
Relating to Earlier Search
12.4 Translation for the Purposes of
12 bis.1 Furnishing by the Applicant of
International Publication
Documents Related to Earlier Search in Case
(a) Where the language in which the of Request under Rule 4.12
international application is filed is not a language of
publication and no translation is required under Rule (a) Where the applicant has, under Rule 4.12,
12.3(a), the applicant shall, within 14 months from requested the International Searching Authority to
the priority date, furnish to the receiving Office a take into account the results of an earlier search
translation of the international application into any carried out by the same or another International
language of publication which the receiving Office Searching Authority or by a national Office, the
accepts for the purposes of this paragraph. applicant shall, subject to paragraphs (b) to (d),
submit to the receiving Office, together with the
(b) Paragraph (a) shall not apply to the request international application, a copy of the results of the
nor to any sequence listing part of the description. earlier search, in whatever form (for example, in the
T-43 Rev. 08.2017, January 2018

form of a search report, a listing of cited prior art or (b) Where the earlier search was carried out by
an examination report) they are presented by the the same International Searching Authority, or by
Authority or Office concerned. the same Office as that which is acting as the
(b) Where the earlier search was carried out by International Searching Authority, or where a copy
the same Office as that which is acting as the or translation referred to in paragraph (a) is available
receiving Office, the applicant may, instead of to the International Searching Authority in a form
submitting the copy referred to in paragraph (a), and manner acceptable to it, for example, from a
indicate the wish that the receiving Office prepare digital library, or in the form of the priority
and transmit it to the International Searching document, no copy or translation referred to in
Authority. Such request shall be made in the request paragraph (a) shall be required to be submitted under
and may be subjected by the receiving Office to the that paragraph.
payment to it, for its own benefit, of a fee. (c) Where the request contains a statement under
(c) Where the earlier search was carried out by Rule 4.12(ii) to the effect that the international
the same International Searching Authority, or by application is the same, or substantially the same,
the same Office as that which is acting as the as the application in respect of which the earlier
International Searching Authority, no copy referred search was carried out, or that the international
to in paragraph (a) shall be required to be submitted application is the same, or substantially the same,
under that paragraph. as that earlier application except that it is filed in a
different language, no copy or translation referred
(d) Where a copy referred to in paragraph (a) is to in paragraphs (a)(i) and (ii) shall be required to
available to the receiving Office or the International be submitted under those paragraphs.
Searching Authority in a form and manner acceptable
to it, for example, from a digital library, and the Rule 13
applicant so indicates in the request, no copy shall
be required to be submitted under that paragraph. Unity of Invention
12 bis.2 Invitation by the International
13.1 Requirement
Searching Authority to Furnish Documents
Related to Earlier Search in Case of Request
The international application shall relate to one
under Rule 4.12 invention only or to a group of inventions so linked
as to form a single general inventive concept
(a) The International Searching Authority may,
(“requirement of unity of invention”).
subject to paragraphs (b) and (c), invite the applicant
to furnish to it, within a time limit which shall be
reasonable under the circumstances: 13.2 Circumstances in Which the
Requirement of Unity of Invention Is to Be
(i) a copy of the earlier application
Considered Fulfilled
concerned;
(ii) where the earlier application is in a Where a group of inventions is claimed in one and
language which is not accepted by the International the same international application, the requirement
Searching Authority, a translation of the earlier of unity of invention referred to in Rule 13.1 shall
application into a language which is accepted by that be fulfilled only when there is a technical
Authority; relationship among those inventions involving one
(iii) where the results of the earlier search or more of the same or corresponding special
are in a language which is not accepted by the technical features. The expression “special technical
International Searching Authority, a translation of features” shall mean those technical features that
those results into a language which is accepted by define a contribution which each of the claimed
that Authority; inventions, considered as a whole, makes over the
prior art.
(iv) a copy of any document cited in the
results of the earlier search.
Rev. 08.2017, January 2018 T-44

13.3 Determination of Unity of Invention Not 13 bis.2 References (General)

Affected by Manner of Claiming
Any reference to deposited biological material shall
The determination whether a group of inventions is be made in accordance with this Rule and, if so
so linked as to form a single general inventive made, shall be considered as satisfying the
concept shall be made without regard to whether the requirements of the national law of each designated
inventions are claimed in separate claims or as State.
alternatives within a single claim.
13 bis.3 References: Contents; Failure to
13.4 Dependent Claims Include Reference or Indication
Subject to Rule 13.1, it shall be permitted to include (a) A reference to deposited biological material
in the same international application a reasonable shall indicate:
number of dependent claims, claiming specific forms (i) the name and the address of the depositary
of the invention claimed in an independent claim, institution with which the deposit was made;
even where the features of any dependent claim
could be considered as constituting in themselves (ii) the date of deposit of the biological
an invention. material with that institution;
(iii) the accession number given to the
13.5 Utility Models deposit by that institution; and
(iv) any additional matter of which the
Any designated State in which the grant of a utility International Bureau has been notified pursuant to
model is sought on the basis of an international Rule 13 bis.7(a)(i), provided that the requirement to
application may, instead of Rules 13.1 to 13.4, apply indicate that matter was published in the Gazette in
in respect of the matters regulated in those Rules the accordance with Rule 13 bis.7(c) at least two months
provisions of its national law concerning utility before the filing of the international application.
models once the processing of the international
(b) Failure to include a reference to deposited
application has started in that State, provided that
biological material or failure to include, in a
the applicant shall be allowed at least two months
reference to deposited biological material, an
from the expiration of the time limit applicable under
indication in accordance with paragraph (a), shall
Article 22 to adapt his application to the
have no consequence in any designated State whose
requirements of the said provisions of the national
national law does not require such reference or such
law.
indication in a national application.
Rule 13bis 13 bis.4 References: Time Limit for

Furnishing Indications
Inventions Relating to Biological Material
(a) Subject to paragraphs (b) and (c), if any of
13 bis.1 Definition the indications referred to in Rule 13 bis.3(a) is not
included in a reference to deposited biological
material in the international application as filed but
For the purposes of this Rule, “reference to deposited
is furnished to the International Bureau:
biological material” means particulars given in an
international application with respect to the deposit (i) within 16 months from the priority date,
of biological material with a depositary institution the indication shall be considered by any designated
or to the biological material so deposited. Office to have been furnished in time;
(ii) after the expiration of 16 months from
the priority date, the indication shall be considered
by any designated Office to have been furnished on
the last day of that time limit if it reaches the
T-45 Rev. 08.2017, January 2018

Rule 13bis MANUAL OF PATENT EXAMINING PROCEDURE
International Bureau before the technical (b) References to different deposits of the
preparations for international publication have been biological material may be made for different
completed. designated States.
(b) If the national law applicable by a designated (c) Any designated Office may disregard a
Office so requires in respect of national applications, deposit made with a depositary institution other than
that Office may require that any of the indications one notified by it under Rule 13 bis.7(b).
referred to in Rule 13 bis.3(a) be furnished earlier 13 bis.6 Furnishing of Samples
than 16 months from the priority date, provided that
the International Bureau has been notified of such Pursuant to Articles 23 and 40, no furnishing of
requirement pursuant to Rule 13 bis.7(a)(ii) and has samples of the deposited biological material to which
published such requirement in the Gazette in a reference is made in an international application
accordance with Rule 13 bis.7(c) at least two months shall, except with the authorization of the applicant,
before the filing of the international application. take place before the expiration of the applicable
(c) Where the applicant makes a request for early time limits after which national processing may start
publication under Article 21(2)(b), any designated under the said Articles. However, where the
Office may consider any indication not furnished applicant performs the acts referred to in Articles 22
before the technical preparations for international or 39 after international publication but before the
publication have been completed as not having been expiration of the said time limits, the furnishing of
furnished in time. samples of the deposited biological material may
(d) The International Bureau shall notify the take place, once the said acts have been performed.
applicant of the date on which it received any Notwithstanding the previous provision, the
indication furnished under paragraph (a), and: furnishing of samples of the deposited biological
material may take place under the national law
(i) if the indication was received before the applicable by any designated Office as soon as, under
technical preparations for international publication that law, the international publication has the effects
have been completed, publish the indication of the compulsory national publication of an
furnished under paragraph (a), and an indication of unexamined national application.
the date of receipt, together with the international
application; 13 bis.7 National Requirements: Notification
(ii) if the indication was received after the and Publication
technical preparations for international publication
have been completed, notify that date and the (a) Any national Office may notify the
relevant data from the indication to the designated International Bureau of any requirement of the
Offices. national law:
13 bis.5 References and Indications for the (i) that any matter specified in the
Purposes of One or More Designated States; notification, in addition to those referred to in Rule
Different Deposits for Different Designated 13 bis.3(a)(i), (ii) and (iii), is required to be included
in a reference to deposited biological material in a
States; Deposits with Depositary Institutions
national application;
Other Than Those Notified
(ii) that one or more of the indications
(a) A reference to deposited biological material referred to in Rule 13 bis.3(a) are required to be
shall be considered to be made for the purposes of included in a national application as filed or are
all designated States, unless it is expressly made for required to be furnished at a time specified in the
the purposes of certain of the designated States only; notification which is earlier than 16 months after the
the same applies to the indications included in the priority date.
reference. (b) Each national Office shall notify the
International Bureau of the depositary institutions
with which the national law permits deposits of
biological materials to be made for the purposes of
Rev. 08.2017, January 2018 T-46
PATENT COOPERATION TREATY Rule 13ter
patent procedure before that Office or, if the national taking into account any fee for each sheet of the
law does not provide for or permit such deposits, of international application in excess of 30 sheets,
that fact. provided that a late furnishing fee may be required
(c) The International Bureau shall promptly under either paragraph (a) or (b) but not both.
publish in the Gazette requirements notified to it (d) If the applicant does not, within the time limit
under paragraph (a) and information notified to it fixed in the invitation under paragraph (a) or
under paragraph (b). (b), furnish the required sequence listing and pay
any required late furnishing fee, the International
Rule 13ter Searching Authority shall only be required to search
the international application to the extent that a
Nucleotide and/or Amino Acid Sequence meaningful search can be carried out without the
Listings sequence listing.
(e) Any sequence listing not contained in the
13 ter.1 Procedure Before the International international application as filed, whether furnished
Searching Authority in response to an invitation under paragraph (a) or
(b) or otherwise, shall not form part of the
(a) Where the international application contains international application, but this paragraph shall
disclosure of one or more nucleotide and/or amino not prevent the applicant from amending the
acid sequences, the International Searching Authority description in relation to a sequence listing pursuant
may invite the applicant to furnish to it, for the to Article 34(2)(b).
purposes of the international search, a sequence
listing in electronic form complying with the (f) Where the International Searching Authority
standard provided for in the Administrative finds that the description does not comply with Rule
Instructions, unless such listing in electronic form 5.2(b), it shall invite the applicant to submit the
is already available to it in a form and manner required correction. Rule 26.4 shall apply mutatis
acceptable to it, and to pay to it, where applicable, mutandis to any correction offered by the applicant.
the late furnishing fee referred to in paragraph (c), The International Searching Authority shall transmit
within a time limit fixed in the invitation. the correction to the receiving Office and to the
(b) Where at least part of the international
application is filed on paper and the International 13 ter.2 Procedure Before the International
Searching Authority finds that the description does Preliminary Examining Authority
not comply with Rule 5.2(a), it may invite the
applicant to furnish, for the purposes of the Rule 13 ter.1 shall apply mutatis mutandis to the
international search, a sequence listing in paper form procedure before the International Preliminary
complying with the standard provided for in the Examining Authority.
Administrative Instructions, unless such listing in
paper form is already available to it in a form and 13 ter.3 Sequence Listing for Designated
manner acceptable to it, whether or not the furnishing Office
of a sequence listing in electronic form is invited
under paragraph (a), and to pay, where applicable,
No designated Office shall require the applicant to
the late furnishing fee referred to in paragraph (c),
furnish to it a sequence listing other than a sequence
within a time limit fixed in the invitation.
listing complying with the standard provided for in
(c) The furnishing of a sequence listing in the Administrative Instructions.
response to an invitation under paragraph (a) or (b)
may be subjected by the International Searching
Authority to the payment to it, for its own benefit,
of a late furnishing fee whose amount shall be
determined by the International Searching Authority
but shall not exceed 25% of the international filing
fee referred to in item 1 of the Schedule of Fees, not
T-47 Rev. 08.2017, January 2018

Rule 14 payment of the international filing fee, an equivalent

amount of that fee in the prescribed currency
The Transmittal Fee according to directives given by the Assembly, and
the amount in that currency shall promptly be
14.1 The Transmittal Fee transferred by the receiving Office to the
International Bureau;
(a) Any receiving Office may require that the (ii) is not freely convertible into Swiss francs,
applicant pay a fee to it, for its own benefit, for the receiving Office shall be responsible for the
receiving the international application, transmitting conversion of the international filing fee from the
copies to the International Bureau and the competent prescribed currency into Swiss francs and shall
International Searching Authority, and performing promptly transfer that fee in Swiss francs, in the
all the other tasks which it must perform in amount set out in the Schedule of Fees, to the
connection with the international application in its International Bureau. Alternatively, if the receiving
capacity of receiving Office (“transmittal fee”). Office so wishes, it may convert the international
(b) The amount of the transmittal fee, if any, filing fee from the prescribed currency into euros or
shall be fixed by the receiving Office. US dollars and promptly transfer the equivalent
amount of that fee in euros or US dollars, as
(c) The transmittal fee shall be paid within one
established by the Director General according to
month from the date of receipt of the international
directives given by the Assembly as referred to in
application. The amount payable shall be the amount
item (i), to the International Bureau.
applicable on that date of receipt.
15.3 Time Limit for Payment; Amount
Rule 15
Payable
The International Filing Fee
The international filing fee shall be paid to the
receiving Office within one month from the date of
15.1 The International Filing Fee receipt of the international application. The amount
payable shall be the amount applicable on that date
Each international application shall be subject to the of receipt.
payment of a fee for the benefit of the International
Bureau (“international filing fee”) to be collected 15.4 Refund
The receiving Office shall refund the international
15.2 Amount filing fee to the applicant:
(a) The amount of the international filing fee is (i) if the determination under Article 11(1) is
as set out in the Schedule of Fees. negative,
(b) The international filing fee shall be payable (ii) if, before the transmittal of the record copy
in the currency or one of the currencies prescribed to the International Bureau, the international
by the receiving Office ("prescribed currency"). application is withdrawn or considered withdrawn,
(c) Where the prescribed currency is the Swiss or
franc, the receiving Office shall promptly transfer (iii) if, due to prescriptions concerning national
the said fee to the International Bureau in Swiss security, the international application is not treated
francs. as such.
(d) Where the prescribed currency is a currency
other than the Swiss franc and that currency:
(i) is freely convertible into Swiss francs, the
Director General shall establish, for each receiving
Office which prescribes such a currency for the
Rev. 08.2017, January 2018 T-48

Rule 16 received is more, the difference will belong to the

The Search Fee (f) As to the time limit for payment of the search
fee and the amount payable, the provisions of Rule
16.1 Right to Ask for a Fee 15.3 relating to the international filing fee shall apply
mutatis mutandis.
(a) Each International Searching Authority may
16.2 Refund
require that the applicant pay a fee (“search fee”)
for its own benefit for carrying out the international
The receiving Office shall refund the search fee to
search and for performing all other tasks entrusted
the applicant:
to International Searching Authorities by the Treaty
and these Regulations.
(i) if the determination under Article 11(1) is
(b) The search fee shall be collected by the negative,
receiving Office. The said fee shall be payable in
(ii) if, before the transmittal of the search copy
the currency prescribed by that Office (“prescribed
to the International Searching Authority, the
currency”).
international application is withdrawn or considered
(c) Where the prescribed currency is the withdrawn, or
currency in which the International Searching
(iii) if, due to prescriptions concerning national
Authority has fixed the said fee (“fixed currency”),
security, the international application is not treated
the receiving Office shall promptly transfer the said
as such.
fee to that Authority in that currency.
(d) Where the prescribed currency is not the 16.3 Partial Refund
fixed currency and that currency:
Where the International Searching Authority takes
(i) is freely convertible into the fixed
into account, under Rule 41.1, the results of an
currency, the Director General shall establish, for
earlier search in carrying out the international search,
each receiving Office which prescribes such a
that Authority shall refund the search fee paid in
currency for the payment of the search fee, an
connection with the international application to the
equivalent amount of that fee in the prescribed
extent and under the conditions provided for in the
currency according to directives given by the
agreement under Article 16(3)(b).
Assembly, and the amount in that currency shall
promptly be transferred by the receiving Office to
the International Searching Authority; Rule 16bis
(ii) is not freely convertible into the fixed Extension of Time Limits for Payment of Fees
currency, the receiving Office shall be responsible
for the conversion of the search fee from the
prescribed currency into the fixed currency and shall 16 bis.1 Invitation by the Receiving Office
promptly transfer that fee in the fixed currency, in
(a) Where, by the time they are due under Rules
the amount fixed by the International Searching
14.1(c), 15.3 and 16.1(f), the receiving Office finds
Authority, to the International Searching Authority.
that no fees were paid to it, or that the amount paid
(e) Where, in respect of the payment of the to it is insufficient to cover the transmittal fee, the
search fee in a prescribed currency, other than the international filing fee and the search fee, the
fixed currency, the amount actually received under receiving Office shall, subject to paragraph (d), invite
paragraph (d)(i) of this Rule by the International the applicant to pay to it the amount required to
Searching Authority in the prescribed currency is, cover those fees, together with, where applicable,
when converted by it into the fixed currency, less the late payment fee under Rule 16 bis.2, within a
than that fixed by it, the difference will be paid to time limit of one month from the date of the
the International Searching Authority by the invitation.
International Bureau, whereas, if the amount actually
(b) [Deleted]
T-49 Rev. 08.2017, January 2018
(c) Where the receiving Office has sent to the a copy of that earlier application, certified by the
applicant an invitation under paragraph (a) and the authority with which it was filed (“the priority
applicant has not, within the time limit referred to document”), shall, unless that priority document has
in that paragraph, paid in full the amount due, already been filed with the receiving Office together
including, where applicable, the late payment fee with the international application in which the
under Rule 16 bis.2, the receiving Office shall, priority claim is made, and subject to paragraphs (b)
subject to paragraph (e): and (b -bis), be submitted by the applicant to the
(i) make the applicable declaration under International Bureau or to the receiving Office not
Article 14(3), and later than 16 months after the priority date, provided
that any copy of the said earlier application which
(ii) proceed as provided in Rule 29. is received by the International Bureau after the
(d) Any payment received by the receiving expiration of that time limit shall be considered to
Office before that Office sends the invitation under have been received by that Bureau on the last day
paragraph (a) shall be considered to have been of that time limit if it reaches it before the date of
received before the expiration of the time limit under international publication of the international
Rule 14.1(c), 15.3 or 16.1(f), as the case may be. application.
(e) Any payment received by the receiving (b) Where the priority document is issued by the
Office before that Office makes the applicable receiving Office, the applicant may, instead of
declaration under Article 14(3) shall be considered submitting the priority document, request the
to have been received before the expiration of the receiving Office to prepare and transmit the priority
time limit referred to in paragraph (a). document to the International Bureau. Such request
shall be made not later than 16 months after the
16 bis.2 Late Payment Fee priority date and may be subjected by the receiving
Office to the payment of a fee.
(a) The payment of fees in response to an
invitation under Rule 16 bis.1(a) may be subjected (b-bis) Where the priority document is, in
by the receiving Office to the payment to it, for its accordance with the Administrative Instructions,
own benefit, of a late payment fee. The amount of made available to the International Bureau from a
that fee shall be: digital library prior to the date of international
publication of the international application, the
(i) 50% of the amount of unpaid fees which applicant may, instead of submitting the priority
is specified in the invitation, or, document, request the International Bureau, prior to
(ii) if the amount calculated under item (i) is the date of international publication, to obtain the
less than the transmittal fee, an amount equal to the priority document from such digital library.
transmittal fee. (c) If the requirements of none of the three
(b) The amount of the late payment fee shall not, preceding paragraphs are complied with, any
however, exceed the amount of 50% of the designated Office may, subject to paragraph (d),
international filing fee referred to in item 1 of the disregard the priority claim, provided that no
Schedule of Fees, not taking into account any fee designated Office shall disregard the priority claim
for each sheet of the international application in before giving the applicant an opportunity to furnish
excess of 30 sheets. the priority document within a time limit which shall
be reasonable under the circumstances.
Rule 17
(d) No designated Office shall disregard the
priority claim under paragraph (c) if the earlier
The Priority Document
application referred to in paragraph (a) was filed
with it in its capacity as national Office or if the
17.1 Obligation to Submit Copy of Earlier priority document is, in accordance with the
National or International Application Administrative Instructions, available to it from a
digital library.
(a) Where the priority of an earlier national or
international application is claimed under Article 8,
Rev. 08.2017, January 2018 T-50

17.2 Availability of Copies (b) In any case,

(i) possession of a real and effective
(a) Where the applicant has complied with Rule industrial or commercial establishment in a
17.1(a), (b) or (b- bis), the International Bureau shall, Contracting State shall be considered residence in
at the specific request of the designated Office, that State, and
promptly but not prior to the international publication
(ii) a legal entity constituted according to the
of the international application, furnish a copy of
national law of a Contracting State shall be
the priority document to that Office. No such Office
considered a national of that State.
shall ask the applicant himself to furnish it with a
copy. The applicant shall not be required to furnish (c) Where the international application is filed
a translation to the designated Office before the with the International Bureau as receiving Office,
expiration of the applicable time limit under Article the International Bureau shall, in the circumstances
22. Where the applicant makes an express request specified in the Administrative Instructions, request
to the designated Office under Article 23(2) prior to the national Office of, or acting for, the Contracting
the international publication of the international State concerned to decide the question referred to in
application, the International Bureau shall, at the paragraph (a). The International Bureau shall inform
specific request of the designated Office, furnish a the applicant of any such request. The applicant shall
copy of the priority document to that Office promptly have an opportunity to submit arguments directly to
after receiving it. the national Office. The national Office shall decide
the said question promptly.
(b) The International Bureau shall not make
copies of the priority document available to the 18.2 [Deleted]
public prior to the international publication of the
international application. 18.3 Two or More Applicants
(c) Where the international application has been
published under Article 21, the International Bureau If there are two or more applicants, the right to file
shall furnish a copy of the priority document to any an international application shall exist if at least one
person upon request and subject to reimbursement of them is entitled to file an international application
of the cost unless, prior to that publication: according to Article 9.
(i) the international application was
withdrawn, 18.4 Information on Requirements Under
(ii) the relevant priority claim was withdrawn National Law as to Applicants
or considered, under Rule 26 bis.2(b), not to have
(a) and (b) [Deleted]
been made.
(c) The International Bureau shall, from time to
(iii) [Deleted]
time, publish information on the various national
(d) [Deleted] laws in respect of the question who is qualified
(inventor, successor in title of the inventor, owner
Rule 18
of the invention, or other) to file a national
application and shall accompany such information
The Applicant by a warning that the effect of the international
application in any designated State may depend on
18.1 Residence and Nationality whether the person designated in the international
application as applicant for the purposes of that State
(a) Subject to the provisions of paragraphs (b) is a person who, under the national law of that State,
and (c), the question whether an applicant is a is qualified to file a national application.
resident or national of the Contracting State of which
he claims to be a resident or national shall depend
on the national law of that State and shall be decided
T-51 Rev. 08.2017, January 2018

Rule 19 (ii) the international application may be filed

with the International Bureau under Rule 19.1(a)(iii)
The Competent Receiving Office if at least one of the applicants is a resident or
national of a Contracting State.
19.1 Where to File 19.3 Publication of Fact of Delegation of
Duties of Receiving Office
(a) Subject to the provisions of paragraph (b),
the international application shall be filed, at the (a) Any agreement referred to in Rule 19.1(b)
option of the applicant, shall be promptly notified to the International Bureau
(i) with the national Office of or acting for by the Contracting State which delegates the duties
the Contracting State of which the applicant is a of the receiving Office to the national Office of or
resident, acting for another Contracting State or an
intergovernmental organization.
(ii) or with the national Office of or acting
for the Contracting State of which the applicant is a (b) The International Bureau shall, promptly
national, or upon receipt, publish the notification in the Gazette.
(iii) irrespective of the Contracting State of 19.4 Transmittal to the International Bureau
which the applicant is a resident or national, with as Receiving Office
the International Bureau.
(b) Any Contracting State may agree with (a) Where an international application is filed
another Contracting State or any intergovernmental with a national Office which acts as a receiving
organization that the national Office of the latter Office under the Treaty but
State or the intergovernmental organization shall, (i) that national Office is not competent under
for all or some purposes, act instead of the national Rule 19.1 or 19.2 to receive that international
Office of the former State as receiving Office for application, or
applicants who are residents or nationals of that (ii) that international application is not in a
former State. Notwithstanding such agreement, the language accepted under Rule 12.1(a) by that
national Office of the former State shall be national Office but is in a language accepted under
considered the competent receiving Office for the that Rule by the International Bureau as receiving
purposes of Article 15(5). Office, or
(c) In connection with any decision made under (iii) that national Office and the International
Article 9(2), the Assembly shall appoint the national Bureau agree, for any reason other than those
Office or the intergovernmental organization which specified under items (i) and (ii), and with the
will act as receiving Office for applications of authorization of the applicant, that the procedure
residents or nationals of States specified by the under this Rule should apply, that international
Assembly. Such appointment shall require the application shall, subject to paragraph (b), be
previous consent of the said national Office or considered to have been received by that Office on
intergovernmental organization. behalf of the International Bureau as receiving Office
19.2 Two or More Applicants under Rule 19.1(a)(iii).
(b) Where, pursuant to paragraph (a), an
If there are two or more applicants, international application is received by a national
Office on behalf of the International Bureau as
(i) the requirements of Rule 19.1 shall be receiving Office under Rule 19.1(a)(iii), that national
considered to be met if the national Office with Office shall, unless prescriptions concerning national
which the international application is filed is the security prevent the international application from
national Office of or acting for a Contracting State being so transmitted, promptly transmit it to the
of which at least one of the applicants is a resident International Bureau. Such transmittal may be
or national; subjected by the national Office to the payment of
a fee, for its own benefit, equal to the transmittal fee
Rev. 08.2017, January 2018 T-52

charged by that Office under Rule 14. The 20.2 Positive Determination Under Article
international application so transmitted shall be 11(1)
considered to have been received by the International
Bureau as receiving Office under Rule 19.1(a)(iii) (a) If the receiving Office determines that, at
on the date of receipt of the international application the time of receipt of the papers purporting to be an
by that national Office. international application, the requirements of Article
(c) For the purposes of Rules 14.1(c), 15.3 and 11(1) were fulfilled, the receiving Office shall accord
16.1(f), where the international application was as the international filing date the date of receipt of
transmitted to the International Bureau under the international application.
paragraph (b), the date of receipt of the international (b) The receiving Office shall stamp the request
application shall be considered to be the date on of the international application which it has accorded
which the international application was actually an international filing date as prescribed by the
received by the International Bureau. For the Administrative Instructions. The copy whose request
purposes of this paragraph, the last sentence of has been so stamped shall be the record copy of the
paragraph (b) shall not apply. international application.
Rule 20 (c) The receiving Office shall promptly notify
the applicant of the international application number
International Filing Date and the international filing date. At the same time,
it shall send to the International Bureau a copy of
20.1 Determination Under Article 11(1) the notification sent to the applicant, except where
it has already sent, or is sending at the same time,
(a) Promptly after receipt of the papers the record copy to the International Bureau under
purporting to be an international application, the Rule 22.1(a).
receiving Office shall determine whether the papers 20.3 Defects Under Article 11(1)
fulfill the requirements of Article 11(1).
(b) For the purposes of Article 11(1)(iii)(c), it (a) Where, in determining whether the papers
shall be sufficient to indicate the name of the purporting to be an international application fulfill
applicant in a way which allows the identity of the the requirements of Article 11(1), the receiving
applicant to be established even if the name is Office finds that any of the requirements of Article
misspelled, the given names are not fully indicated, 11(1) are not, or appear not to be, fulfilled, it shall
or, in the case of legal entities, the indication of the promptly invite the applicant, at the applicant’s
name is abbreviated or incomplete. option:
(c) For the purposes of Article 11(1)(ii), it shall (i) to furnish the required correction under
be sufficient that the part which appears to be a Article 11(2); or
description (other than any sequence listing part (ii) where the requirements concerned are
thereof) and the part which appears to be a claim or those relating to an element referred to in Article
claims be in a language accepted by the receiving 11(1)(iii)(d) or (e), to confirm in accordance with
Office under Rule 12.1(a). Rule 20.6(a) that the element is incorporated by
(d) If, on October 1, 1997, paragraph (c) is not reference under Rule 4.18;
compatible with the national law applied by the
receiving Office, paragraph (c) shall not apply to and to make observations, if any, within the
that receiving Office for as long as it continues not applicable time limit under Rule 20.7. If that time
to be compatible with that law, provided that the limit expires after the expiration of 12 months from
said Office informs the International Bureau the filing date of any application whose priority is
accordingly by December 31, 1997. The information claimed, the receiving Office shall call that
received shall be promptly published by the circumstance to the attention of the applicant.
International Bureau in the Gazette. (b) Where, following an invitation under
paragraph (a) or otherwise:
T-53 Rev. 08.2017, January 2018

(i) the applicant furnishes to the receiving 20.5 Missing Parts

Office the required correction under Article 11(2)
after the date of receipt of the purported international (a) Where, in determining whether the papers
application but on a later date falling within the purporting to be an international application fulfill
applicable time limit under Rule 20.7, the receiving the requirements of Article 11(1), the receiving
Office shall accord that later date as the international Office finds that a part of the description, claims or
filing date and proceed as provided in Rule 20.2(b) drawings is or appears to be missing, including the
and (c); case where all of the drawings are or appear to be
missing but not including the case where an entire
(ii) an element referred to in
element referred to in Article 11(1)(iii)(d) or (e) is
Article 11(1)(iii)(d) or (e) is, under Rule 20.6(b),
or appears to be missing, it shall promptly invite the
considered to have been contained in the
applicant, at the applicant’s option:
international application on the date on which one
or more elements referred to in Article 11(1)(iii) (i) to complete the purported international
were first received by the receiving Office, the application by furnishing the missing part; or
receiving Office shall accord as the international (ii) to confirm, in accordance with
filing date the date on which all of the requirements Rule 20.6(a), that the part was incorporated by
of Article 11(1) are fulfilled and proceed as provided reference under Rule 4.18;
in Rule 20.2(b) and (c).
(c) If the receiving Office later discovers, or on and to make observations, if any, within the
the basis of the applicant’s reply realizes, that it has applicable time limit under Rule 20.7. If that time
erred in issuing an invitation under paragraph (a) limit expires after the expiration of 12 months from
since the requirements of Article 11(1) were fulfilled the filing date of any application whose priority is
when the papers were received, it shall proceed as claimed, the receiving Office shall call that
provided in Rule 20.2. circumstance to the attention of the applicant.
20.4 Negative Determination Under Article (b) Where, following an invitation under
paragraph (a) or otherwise, the applicant furnishes
11(1)
to the receiving Office, on or before the date on
which all of the requirements of Article 11(1) are
If the receiving Office does not receive, within the
fulfilled but within the applicable time limit under
applicable time limit under Rule 20.7, a correction
Rule 20.7, a missing part referred to in paragraph
or confirmation referred to in Rule 20.3(a), or if a
(a) so as to complete the international application,
correction or confirmation has been received but the
that part shall be included in the application and the
application still does not fulfill the requirements of
receiving Office shall accord as the international
Article 11(1), the receiving Office shall:
filing date the date on which all of the requirements
of Article 11(1) are fulfilled and proceed as provided
(i) promptly notify the applicant that the
in Rule 20.2(b) and (c).
application is not and will not be treated as an
international application and shall indicate the (c) Where, following an invitation under
reasons therefor; paragraph (a) or otherwise, the applicant furnishes
to the receiving Office, after the date on which all
(ii) notify the International Bureau that the
of the requirements of Article 11(1) were fulfilled
number it has marked on the papers will not be used
but within the applicable time limit under Rule 20.7,
as an international application number;
a missing part referred to in paragraph (a) so as to
(iii) keep the papers constituting the purported complete the international application, that part shall
international application and any correspondence be included in the application, and the receiving
relating thereto as provided in Rule 93.1; and Office shall correct the international filing date to
(iv) send a copy of the said papers to the the date on which the receiving Office received that
International Bureau where, pursuant to a request part, notify the applicant accordingly and proceed
by the applicant under Article 25(1), the International as provided for in the Administrative Instructions.
Bureau needs such a copy and specially asks for it.
Rev. 08.2017, January 2018 T-54

(d) Where, following an invitation under (iv) in the case of a part of the description,
paragraph (a) or otherwise, a part referred to in claims or drawings, an indication as to where that
paragraph (a) is, under Rule 20.6(b), considered to part is contained in the earlier application and, where
have been contained in the purported international applicable, in any translation referred to in item (iii).
application on the date on which one or more
elements referred to in Article 11(1)(iii) were first (b) Where the receiving Office finds that the
received by the receiving Office, the receiving Office requirements of Rule 4.18 and paragraph (a) have
shall accord as the international filing date the date been complied with and that the element or part
on which all of the requirements of Article 11(1) are referred to in paragraph (a) is completely contained
fulfilled and proceed as provided in Rule 20.2(b) in the earlier application concerned, that element or
and (c). part shall be considered to have been contained in
the purported international application on the date
(e) Where the international filing date has been on which one or more elements referred to in Article
corrected under paragraph (c), the applicant may, in 11(1)(iii) were first received by the receiving Office.
a notice submitted to the receiving Office within one
month from the date of the notification under (c) Where the receiving Office finds that a
paragraph (c), request that the missing part requirement under Rule 4.18 or paragraph (a) has
concerned be disregarded, in which case the missing not been complied with or that the element or part
part shall be considered not to have been furnished referred to in paragraph (a) is not completely
and the correction of the international filing date contained in the earlier application concerned, the
under that paragraph shall be considered not to have receiving Office shall proceed as provided for in
been made, and the receiving Office shall proceed Rule 20.3(b)(i), 20.5(b) or 20.5(c), as the case may
as provided for in the Administrative Instructions. be.
20.6 Confirmation of Incorporation by 20.7 Time Limit

Reference of Elements and Parts
(a) The applicable time limit referred to in
(a) The applicant may submit to the receiving Rules 20.3(a) and (b), 20.4, 20.5(a), (b) and (c),
Office, within the applicable time limit under and 20.6(a) shall be:
Rule 20.7, a written notice confirming that an (i) where an invitation under Rule 20.3(a)
element or part is incorporated by reference in the or 20.5(a), as applicable, was sent to the applicant,
international application under Rule 4.18, two months from the date of the invitation;
accompanied by:
(ii) where no such invitation was sent to the
(i) a sheet or sheets embodying the entire applicant, two months from the date on which one
element as contained in the earlier application or or more elements referred to in Article 11(1)(iii)
embodying the part concerned; were first received by the receiving Office.
(ii) where the applicant has not already (b) Where neither a correction under Article
complied with Rule 17.1(a), (b) or (b- bis) in relation 11(2) nor a notice under Rule 20.6(a) confirming
to the priority document, a copy of the earlier the incorporation by reference of an element referred
application as filed; to in Article 11(1)(iii)(d) or (e) is received by the
(iii) where the earlier application is not in receiving Office prior to the expiration of the
the language in which the international application applicable time limit under paragraph (a), any such
is filed, a translation of the earlier application into correction or notice received by that Office after the
that language or, where a translation of the expiration of that time limit but before it sends a
international application is required under notification to the applicant under Rule 20.4(i) shall
Rule 12.3(a) or 12.4(a), a translation of the earlier be considered to have been received within that time
application into both the language in which the limit.
international application is filed and the language of 20.8 Incompatibility With National Laws
that translation; and
(a) If, on October 5, 2005, any of
Rules 20.3(a)(ii) and (b)(ii), 20.5(a)(ii) and (d),
T-55 Rev. 08.2017, January 2018
and 20.6 are not compatible with the national law Rule 21
applied by the receiving Office, the Rules concerned
shall not apply to an international application filed Preparation of Copies
with that receiving Office for as long as they
continue not to be compatible with that law, provided
that the said Office informs the International Bureau 21.1 Responsibility of the Receiving Office
accordingly by April 5, 2006. The information
(a) Where the international application is
required to be filed in one copy, the receiving Office
International Bureau in the Gazette.
shall be responsible for preparing the home copy
(a-bis) Where a missing element or part cannot and the search copy required under Article 12(1).
be incorporated by reference in the international
(b) Where the international application is
application under Rules 4.18 and 20.6 because of
required to be filed in two copies, the receiving
the operation of paragraph (a) of this Rule, the
Office shall be responsible for preparing the home
receiving Office shall proceed as provided for in
copy.
Rule 20.3(b)(i), 20.5(b) or 20.5(c), as the case may
be. Where the receiving Office proceeds as provided (c) If the international application is filed in less
for in Rule 20.5(c), the applicant may proceed as than the number of copies required under Rule
provided for in Rule 20.5(e). 11.1(b), the receiving Office shall be responsible for
the prompt preparation of the number of copies
(b) If, on October 5, 2005, any of
required, and shall have the right to fix a fee for
Rules 20.3(a)(ii) and (b)(ii), 20.5(a)(ii) and (d),
performing that task and to collect such fee from the
and 20.6 are not compatible with the national law
applicant.
applied by the designated Office, the Rules
concerned shall not apply in respect of that Office 21.2 Certified Copy for the Applicant
in relation to an international application in respect
of which the acts referred to in Article 22 have been Against payment of a fee, the receiving Office shall
performed before that Office for as long as they furnish to the applicant, on request, certified copies
continue not to be compatible with that law, provided of the international application as filed and of any
that the said Office informs the International Bureau corrections thereto.
Rule 22
International Bureau in the Gazette.
(c) Where an element or part is considered to Transmittal of the Record Copy and
have been incorporated by reference in the Translation
international application by virtue of a finding of the
receiving Office under Rule 20.6(b), but that
22.1 Procedure
incorporation by reference does not apply to the
international application for the purposes of the
(a) If the determination under Article 11(1) is
procedure before a designated Office because of the
positive, and unless prescriptions concerning national
operation of paragraph (b) of this Rule, the
security prevent the international application from
designated Office may treat the application as if the
being treated as such, the receiving Office shall
international filing date had been accorded under
transmit the record copy to the International Bureau.
Rule 20.3(b)(i) or 20.5(b), or corrected under Rule
Such transmittal shall be effected promptly after
20.5(c), as the case may be, provided that Rule 82 ter
receipt of the international application or, if a check
.1(c) and (d) shall apply mutatis mutandis.
to preserve national security must be performed, as
soon as the necessary clearance has been obtained.
In any case, the receiving Office shall transmit the
record copy in time for it to reach the International
Bureau by the expiration of the 13th month from the
priority date. If the transmittal is effected by mail,
Rev. 08.2017, January 2018 T-56

the receiving Office shall mail the record copy not Office unless it has already notified them under
later than five days prior to the expiration of the 13th paragraph (c).
month from the priority date. (h) Where the international application is to be
(b) If the International Bureau has received a published in the language of a translation furnished
copy of the notification under Rule 20.2(c) but is under Rule 12.3 or 12.4, that translation shall be
not, by the expiration of 13 months from the priority transmitted by the receiving Office to the
date, in possession of the record copy, it shall remind International Bureau together with the record copy
the receiving Office that it should transmit the record under paragraph (a) or, if the receiving Office has
copy to the International Bureau promptly. already transmitted the record copy to the
(c) If the International Bureau has received a International Bureau under that paragraph, promptly
copy of the notification under Rule 20.2(c) but is after receipt of the translation.
not, by the expiration of 14 months from the priority 22.2 [Deleted]
date, in possession of the record copy, it shall notify
the applicant and the receiving Office accordingly. 22.3 Time Limit Under Article 12(3)
(d) After the expiration of 14 months from the
priority date, the applicant may request the receiving The time limit referred to in Article 12(3) shall be
Office to certify a copy of his international three months from the date of the notification sent
application as being identical with the international by the International Bureau to the applicant under
application as filed and may transmit such certified Rule 22.1(c) or (g).
copy to the International Bureau.
(e) Any certification under paragraph (d) shall Rule 23
be free of charge and may be refused only on any of
the following grounds: Transmittal of the Search Copy, Translation
(i) the copy which the receiving Office has and Sequence Listing
been requested to certify is not identical with the
international application as filed; 23.1 Procedure
(ii) prescriptions concerning national security
(a) Where no translation of the international
prevent the international application from being
application is required under Rule 12.3(a), the search
treated as such;
copy shall be transmitted by the receiving Office to
(iii) the receiving Office has already the International Searching Authority at the latest
transmitted the record copy to the International on the same day as the record copy is transmitted to
Bureau and that Bureau has informed the receiving the International Bureau unless no search fee has
Office that it has received the record copy. been paid. In the latter case, it shall be transmitted
(f) Unless the International Bureau has received promptly after payment of the search fee.
the record copy, or until it receives the record copy, (b) Where a translation of the international
the copy certified under paragraph (e) and received application is furnished under Rule 12.3, a copy of
by the International Bureau shall be considered to that translation and of the request, which together
be the record copy. shall be considered to be the search copy under
(g) If, by the expiration of the time limit Article 12(1), shall be transmitted by the receiving
applicable under Article 22, the applicant has Office to the International Searching Authority,
performed the acts referred to in that Article but the unless no search fee has been paid. In the latter case,
designated Office has not been informed by the a copy of the said translation and of the request shall
International Bureau of the receipt of the record be transmitted promptly after payment of the search
copy, the designated Office shall inform the fee.
International Bureau. If the International Bureau is (c) Any sequence listing in electronic form
not in possession of the record copy, it shall which is furnished for the purposes of Rule 13 ter
promptly notify the applicant and the receiving but submitted to the receiving Office instead of the
T-57 Rev. 08.2017, January 2018

International Searching Authority shall be promptly 30(3), also transmit to the International Searching
transmitted by that Office to that Authority. Authority any further documents relating to such an
earlier search which it considers useful to that
Rule 23bis Authority for the purposes of carrying out the
international search.
Transmittal of Documents Relating to Earlier
(b) Notwithstanding paragraph (a), a receiving
Search or Classification
Office may notify the International Bureau by April
14, 2016 that it may, on request of the applicant
23 bis.1 Transmittal of Documents Relating submitted together with the international application,
to Earlier Search in Case of Request under decide not to transmit the results of an earlier search
Rule 4.12 to the International Searching Authority. The
International Bureau shall publish any notification
(a) The receiving Office shall transmit to the under this provision in the Gazette.
International Searching Authority, together with the
(c) At the option of the receiving Office,
search copy, any copy referred to in Rule 12bis.1(a)
paragraph (a) shall apply mutatis mutandis where
related to an earlier search in respect of which the
the international application claims the priority of
applicant has made a request under Rule 4.12,
one or more earlier applications filed with an Office
provided that any such copy:
different from the one which is acting as the
(i) has been submitted by the applicant to the receiving Office and that Office has carried out an
receiving Office together with the international earlier search in respect of such an earlier application
application; or has classified such earlier application, and the
(ii) has been requested by the applicant to be results of any such earlier search or classification
prepared and transmitted by the receiving Office to are available to the receiving Office in a form and
that Authority; or manner acceptable to it, for example, from a digital
library.
(iii) is available to the receiving Office in a
form and manner acceptable to it, for example, from (d) Paragraphs (a) and (c) shall not apply where
a digital library, in accordance with Rule 12bis.1(d). the earlier search was carried out by the same
International Searching Authority or by the same
23 bis.2 Transmittal of Documents Relating Office as that which is acting as the International
to Earlier Search or Classification for the Searching Authority, or where the receiving Office
Purposes of Rule 41.2 is aware that a copy of the earlier search or
classification results is available to the International
(a) For the purposes of Rule 41.2, where the Searching Authority in a form and manner acceptable
international application claims the priority of one to it, for example, from a digital library.
or more earlier applications filed with the same
(e) To the extent that, on October 14, 2015, the
Office as that which is acting as the receiving Office
transmission of the copies referred to in paragraph
and that Office has carried out an earlier search in
(a), or the transmission of such copies in a particular
respect of such an earlier application or has classified
form, such as those referred to in paragraph (a),
such earlier application, the receiving Office shall,
without the authorization by the applicant is not
subject to Article 30(2)(a) as applicable by virtue of
compatible with the national law applied by the
Article 30(3) and paragraphs (b), (d) and (e), transmit
receiving Office, that paragraph shall not apply to
to the International Searching Authority, together
the transmission of such copies, or to the
with the search copy, a copy of the results of any
transmission of such copies in the particular form
such earlier search, in whatever form (for example,
concerned, in respect of any international application
in the form of a search report, a listing of cited prior
filed with that receiving Office for as long as such
art or an examination report) they are available to
transmission without the authorization by the
the Office, and a copy of the results of any such
applicant continues not to be compatible with that
earlier classification effected by the Office, if already
law, provided that the said Office informs the
available. The receiving Office may, subject to
International Bureau accordingly by April 14, 2016.
Article 30(2)(a) as applicable by virtue of Article
Rev. 08.2017, January 2018 T-58

The information received shall be promptly same as the receiving Office - the receiving Office,
published by the International Bureau in the Gazette. of the fact and the date of receipt of the search copy.
Rule 24
Rule 26
Receipt of the Record Copy by the
International Bureau Checking by, and Correcting Before, the
Receiving Office of Certain Elements of the
24.1 [Deleted] International Application
24.2 Notification of Receipt of the Record 26.1 Invitation under Article 14(1)(b) to
Copy Correct
(a) The International Bureau shall promptly The receiving Office shall issue the invitation to
notify: correct provided for in Article 14(1)(b) as soon as
possible, preferably within one month from the
(i) the applicant, receipt of the international application. In the
(ii) the receiving Office, and invitation, the receiving Office shall invite the
(iii) the International Searching Authority applicant to furnish the required correction, and give
(unless it has informed the International Bureau that the applicant the opportunity to make observations,
it wishes not to be so notified), of the fact and the within the time limit under Rule 26.2.
date of receipt of the record copy. The notification
shall identify the international application by its 26.2 Time Limit for Correction
number, the international filing date and the name
of the applicant, and shall indicate the filing date of The time limit referred to in Rule 26.1 shall be two
any earlier application whose priority is claimed. months from the date of the invitation to correct. It
The notification sent to the applicant shall also may be extended by the receiving Office at any time
contain a list of the designated Offices and, in the before a decision is taken.
case of a designated Office which is responsible for
granting regional patents, of the Contracting States 26.2 bis Checking of Requirements under
designated for such regional patent. Article 14(1)(a)(i) and (ii)
(b) [Deleted]
(a) For the purposes of Article 14(1)(a)(i), if
(c) If the record copy is received after the there is more than one applicant, it shall be sufficient
expiration of the time limit fixed in Rule 22.3, the that the request be signed by one of them.
International Bureau shall promptly notify the
applicant, the receiving Office, and the International (b) For the purposes of Article 14(1)(a)(ii), if
Searching Authority, accordingly. there is more than one applicant, it shall be sufficient
that the indications required under Rule 4.5(a)(ii)
Rule 25 and (iii) be provided in respect of one of them who
is entitled according to Rule 19.1 to file the
Receipt of the Search Copy by the international application with the receiving Office.
International Searching Authority
26.3 Checking of Physical Requirements
under Article 14(1)(a)(v)
25.1 Notification of Receipt of the Search
Copy (a) Where the international application is filed
in a language of publication, the receiving Office
The International Searching Authority shall promptly shall check:
notify the International Bureau, the applicant, and -
(i) the international application for
unless the International Searching Authority is the
compliance with the physical requirements referred
T-59 Rev. 08.2017, January 2018

to in Rule 11 only to the extent that compliance Rules 26.1, 26.2, 26.3, 26.3 bis , 26.5 and 29.1 shall
therewith is necessary for the purpose of reasonably apply mutatis mutandis.
uniform international publication; (b) If, on October 1, 1997, paragraph (a) is not
(ii) any translation furnished under Rule 12.3 compatible with the national law applied by the
for compliance with the physical requirements receiving Office, paragraph (a) shall not apply to
referred to in Rule 11 to the extent that compliance that receiving Office for as long as it continues not
therewith is necessary for the purpose of satisfactory to be compatible with that law, provided that the
reproduction. said Office informs the International Bureau
(b) Where the international application is filed accordingly by December 31, 1997. The information
in a language which is not a language of publication, received shall be promptly published by the
the receiving Office shall check: International Bureau in the Gazette.
(i) the international application for (c) Where the request does not comply with Rule
compliance with the physical requirements referred 12.1(c), the receiving Office shall invite the applicant
to in Rule 11 only to the extent that compliance to file a translation so as to comply with that Rule.
therewith is necessary for the purpose of satisfactory Rules 3, 26.1, 26.2, 26.5 and 29.1 shall apply
reproduction; mutatis mutandis.
(ii) any translation furnished under Rule 12.3 (d) If, on October 1, 1997, paragraph (c) is not
or 12.4 and the drawings for compliance with the compatible with the national law applied by the
physical requirements referred to in Rule 11 to the receiving Office, paragraph (c) shall not apply to
extent that compliance therewith is necessary for the that receiving Office for as long as it continues not
purpose of reasonably uniform international to be compatible with that law, provided that the
publication. said Office informs the International Bureau
accordingly by December 31,1997. The information
26.3 bis Invitation under Article 14(1)(b) to received shall be promptly published by the
Correct Defects Under Rule 11 International Bureau in the Gazette.
26.4 Procedure
The receiving Office shall not be required to issue
the invitation under Article 14(1)(b) to correct a
A correction of the request offered to the receiving
defect under Rule 11 where the physical
Office may be stated in a letter addressed to that
requirements referred to in that Rule are complied
Office if the correction is of such a nature that it can
with to the extent required under Rule 26.3.
be transferred from the letter to the request without
adversely affecting the clarity and the direct
26.3 ter Invitation to Correct Defects under reproducibility of the sheet on to which the
Article 3(4)(i) correction is to be transferred; otherwise, and in the
case of a correction of any element of the
(a) Where the abstract or any text matter of the international application other than the request, the
drawings is filed in a language which is different applicant shall be required to submit a replacement
from the language of the description and the claims, sheet embodying the correction and the letter
the receiving Office shall, unless accompanying the replacement sheet shall draw
(i) a translation of the international attention to the differences between the replaced
application is required under Rule 12.3(a), or sheet and the replacement sheet.
(ii) the abstract or the text matter of the
drawings is in the language in which the international 26.5 Decision of the Receiving Office
application is to be published, invite the applicant
to furnish a translation of the abstract or the text The receiving Office shall decide whether the
matter of the drawings into the language in which applicant has submitted the correction within the
the international application is to be published. applicable time limit under Rule 26.2, and, if the
correction has been submitted within that time limit,
Rev. 08.2017, January 2018 T-60

whether the international application so corrected is on which the priority period expired and that a
or is not to be considered withdrawn, provided that request for restoration of the right of priority under
no international application shall be considered Rule 26 bis.3 has not been submitted;
withdrawn for lack of compliance with the physical
requirements referred to in Rule 11 if it complies (ii) that the priority claim does not comply
with those requirements to the extent necessary for with the requirements of Rule 4.10; or
the purpose of reasonably uniform international (iii) that any indication in the priority claim
publication. is inconsistent with the corresponding indication
appearing in the priority document;
Rule 26bis
the receiving Office or the International Bureau, as
Correction or Addition of Priority Claim the case may be, shall invite the applicant to correct
the priority claim. In the case referred to in item (i),
where the international filing date is within two
26 bis.1 Correction or Addition of Priority
months from the date on which the priority period
Claim expired, the receiving Office or the International
Bureau, as the case may be, shall also notify the
(a) The applicant may correct a priority claim
applicant of the possibility of submitting a request
or add a priority claim to the request by a notice
for the restoration of the right of priority in
submitted to the receiving Office or the International
accordance with Rule 26 bis.3, unless the receiving
Bureau within a time limit of 16 months from the
Office has notified the International Bureau under
priority date or, where the correction or addition
Rule 26 bis.3(j) of the incompatibility of Rule
would cause a change in the priority date, 16 months
26 bis.3(a) to (i) with the national law applied by
from the priority date as so changed, whichever
that Office.
16-month period expires first, provided that such a
notice may be submitted until the expiration of four (b) If the applicant does not, before the
months from the international filing date. The expiration of the time limit under Rule 26 bis.1(a),
correction of a priority claim may include the submit a notice correcting the priority claim, that
addition of any indication referred to in Rule 4.10. priority claim shall, subject to paragraph (c), for the
purposes of the procedure under the Treaty, be
(b) Any notice referred to in paragraph (a)
considered not to have been made (“considered
received by the receiving Office or the International
void”) and the receiving Office or the International
Bureau after the applicant has made a request for
Bureau, as the case may be, shall so declare and shall
early publication under Article 21(2)(b) shall be
inform the applicant accordingly. Any notice
considered not to have been submitted, unless that
correcting the priority claim which is received before
request is withdrawn before the technical
the receiving Office or the International Bureau, as
preparations for international publication have been
the case may be, so declares and not later than one
completed.
month after the expiration of that time limit shall be
(c) Where the correction or addition of a priority considered to have been received before the
claim causes a change in the priority date, any time expiration of that time limit.
limit which is computed from the previously
(c) A priority claim shall not be considered void
applicable priority date and which has not already
only because:
expired shall be computed from the priority date as
so changed. (i) the indication of the number of the earlier
application referred to in Rule 4.10(a)(ii) is missing;
26 bis.2 Defects in Priority Claims
(ii) an indication in the priority claim is
(a) Where the receiving Office or, if the inconsistent with the corresponding indication
receiving Office fails to do so, the International appearing in the priority document; or
Bureau, finds in relation to a priority claim: (iii) the international application has an
(i) that the international application has an international filing date which is later than the date
international filing date which is later than the date on which the priority period expired, provided that
T-61 Rev. 08.2017, January 2018

the international filing date is within the period of (i) be filed with the receiving Office within
two months from that date. the time limit applicable under paragraph (e);
(d) Where the receiving Office or the (ii) state the reasons for the failure to file the
International Bureau has made a declaration under international application within the priority period;
paragraph (b) or where the priority claim has not and
been considered void only because paragraph (c) (iii) preferably be accompanied by any
applies, the International Bureau shall publish, declaration or other evidence required under
together with the international application, paragraph (f).
information concerning the priority claim as
prescribed by the Administrative Instructions, as (c) Where a priority claim in respect of the
well as any information submitted by the applicant earlier application is not contained in the
concerning such priority claim which is received by international application, the applicant shall submit,
the International Bureau prior to the completion of within the time limit applicable under paragraph (e),
the technical preparations for international a notice under Rule 26 bis.1(a) adding the priority
publication. Such information shall be included in claim.
the communication under Article 20 where the (d) The submission of a request under paragraph
international application is not published by virtue (a) may be subjected by the receiving Office to the
of Article 64(3). payment to it, for its own benefit, of a fee for
(e) Where the applicant wishes to correct or add requesting restoration, payable within the time limit
a priority claim but the time limit under Rule 26 bis.1 applicable under paragraph (e). The amount of that
has expired, the applicant may, prior to the expiration fee, if any, shall be fixed by the receiving Office.
of 30 months from the priority date and subject to The time limit for payment of the fee may be
the payment of a special fee whose amount shall be extended, at the option of the receiving Office, for
fixed in the Administrative Instructions, request the a period of up to two months from the expiration of
International Bureau to publish information the time limit applicable under paragraph (e).
concerning the matter, and the International Bureau (e) The time limit referred to in
shall promptly publish such information. paragraphs (b)(i), (c) and (d) shall be two months
from the date on which the priority period expired,
26 bis.3 Restoration of Right of Priority by
provided that, where the applicant makes a request
Receiving Office for early publication under Article 21(2)(b), any
request under paragraph (a) or any notice referred
(a) Where the international application has an
to in paragraph (c) submitted, or any fee referred to
international filing date which is later than the date
in paragraph (d) paid, after the technical preparations
on which the priority period expired but within the
for international publication have been completed
period of two months from that date, the receiving
shall be considered as not having been submitted or
Office shall, on the request of the applicant, and
paid in time.
subject to paragraphs (b) to (g) of this Rule, restore
the right of priority if the Office finds that a criterion (f) The receiving Office may require that a
applied by it (“criterion for restoration”) is satisfied, declaration or other evidence in support of the
namely, that the failure to file the international statement of reasons referred to in paragraph (b)(ii)
application within the priority period: be filed with it within a time limit which shall be
reasonable under the circumstances.
(i) occurred in spite of due care required by
the circumstances having been taken; or (g) The receiving Office shall not refuse, totally
or in part, a request under paragraph (a) without
(ii) was unintentional.
giving the applicant the opportunity to make
observations on the intended refusal within a time
Each receiving Office shall apply at least one of limit which shall be reasonable under the
those criteria and may apply both of them. circumstances. Such notice of intended refusal by
(b) A request under paragraph (a) shall: the receiving Office may be sent to the applicant
Rev. 08.2017, January 2018 T-62

together with any invitation to file a declaration or received shall be promptly published by the
other evidence under paragraph (f). International Bureau in the Gazette.
(h) The receiving Office shall promptly: Rule 26ter
(i) notify the International Bureau of the
receipt of a request under paragraph (a); Correction or Addition of Declarations Under
(ii) make a decision upon the request; Rule 4.17
(iii) notify the applicant and the International
Bureau of its decision and the criterion for
26 ter.1 Correction or Addition of
restoration upon which the decision was based; Declarations
(iv) subject to paragraph (h- bis), transmit to The applicant may correct or add to the request any
the International Bureau all documents received from declaration referred to in Rule 4.17 by a notice
the applicant relating to the request under paragraph submitted to the International Bureau within a time
(a) (including a copy of the request itself, any limit of 16 months from the priority date, provided
statement of reasons referred to in paragraph (b)(ii) that any notice which is received by the International
and any declaration or other evidence referred to in Bureau after the expiration of that time limit shall
paragraph (f)). be considered to have been received on the last day
(h-bis) The receiving Office shall, upon a of that time limit if it reaches it before the technical
reasoned request by the applicant or on its own preparations for international publication have been
decision, not transmit documents or parts thereof completed.
received in relation to the request under paragraph
(a), if it finds that: 26 ter.2 Processing of Declarations
(i) this document or part thereof does not
obviously serve the purpose of informing the public (a) Where the receiving Office or the
about the international application; International Bureau finds that any declaration
referred to in Rule 4.17 is not worded as required
(ii) publication or public access to any such or, in the case of the declaration of inventorship
document or part thereof would clearly prejudice referred to in Rule 4.17(iv), is not signed as required,
the personal or economic interests of any person; the receiving Office or the International Bureau, as
and the case may be, may invite the applicant to correct
(iii) there is no prevailing public interest to the declaration within a time limit of 16 months from
have access to that document or part thereof. the priority date.
(b) Where the International Bureau receives any
Where the receiving Office decides not to transmit declaration or correction under Rule 26 ter.1 after
documents or parts thereof to the International the expiration of the time limit under Rule 26 ter.1,
Bureau, it shall notify the International Bureau the International Bureau shall notify the applicant
accordingly. accordingly and shall proceed as provided for in the
(i) Each receiving Office shall inform the Administrative Instructions.
International Bureau of which of the criteria for
Rule 27
restoration it applies and of any subsequent changes
in that respect. The International Bureau shall
promptly publish such information in the Gazette. Lack of Payment of Fees
(j) If, on October 5, 2005, paragraphs (a) to (i)
27.1 Fees
are not compatible with the national law applied by
the receiving Office, those paragraphs shall not apply
(a) For the purposes of Article 14(3)(a), “fees
in respect of that Office for as long as they continue
prescribed under Article 3(4)(iv)” means: the
not to be compatible with that law, provided that the
transmittal fee (Rule 14), the international filing fee
said Office informs the International Bureau
T-63 Rev. 08.2017, January 2018

(Rule 15.1), the search fee (Rule 16), and, where (iii) the receiving Office shall not transmit the
required, the late payment fee (Rule 16 bis.2). search copy as provided in Rule 23, or, if such copy
(b) For the purposes of Article 14(3)(a) and (b), has already been transmitted, it shall notify the
“the fee prescribed under Article 4(2)” means the International Searching Authority of the said
international filing fee (Rule 15.1) and, where declaration;
required, the late payment fee (Rule 16 bis.2). (iv) the International Bureau shall not be
required to notify the applicant of the receipt of the
Rule 28 record copy;
Defects Noted by the International Bureau (v) no international publication of the

international application shall be effected if the
notification of the said declaration transmitted by
28.1 Note on Certain Defects the receiving Office reaches the International Bureau
before the technical preparations for international
(a) If, in the opinion of the International Bureau,
publication have been completed.
the international application contains any of the
defects referred to in Article 14(1)(a)(i), (ii), or (v), (b) [Deleted]
the International Bureau shall bring such defects to
29.2 [Deleted]
the attention of the receiving Office.
(b) The receiving Office shall, unless it disagrees 29.3 Calling Certain Facts to the Attention
with the said opinion, proceed as provided in Article of the Receiving Office
14(1)(b) and Rule 26.
Rule 29 If the International Bureau or the International
Searching Authority considers that the receiving
International Applications Considered Office should make a finding under Article 14(4),
it shall call the relevant facts to the attention of the
Withdrawn
receiving Office.
29.1 Finding by Receiving Office
29.4 Notification of Intent to Make
Declaration Under Article 14(4)
If the receiving Office declares, under Article
14(1)(b) and Rule 26.5 (failure to correct certain
(a) Before the receiving Office issues any
defects), or under Article 14(3)(a) (failure to pay the
declaration under Article 14(4), it shall notify the
prescribed fees under Rule 27.1(a)), or under Article
applicant of its intent to issue such declaration and
14(4) (later finding of non-compliance with the
the reasons therefor. The applicant may, if he
requirements listed in items (i) to (iii) of Article
disagrees with the tentative finding of the receiving
11(1)), or under Rule 12.3(d) or 12.4(d) (failure to
Office, submit arguments to that effect within two
furnish a required translation or, where applicable,
months from the date of the notification.
to pay a late furnishing fee), or under Rule 92.4(g)(i)
(failure to furnish the original of a document), that (b) Where the receiving Office intends to issue
the international application is considered a declaration under Article 14(4) in respect of an
withdrawn: element mentioned in Article 11(1)(iii)(d) or (e),
the receiving Office shall, in the notification referred
(i) the receiving Office shall transmit the record to in paragraph (a) of this Rule, invite the applicant
copy (unless already transmitted), and any correction to confirm in accordance with Rule 20.6(a) that the
offered by the applicant, to the International Bureau; element is incorporated by reference under Rule
4.18. For the purposes of Rule 20.7(a)(i), the
(ii) the receiving Office shall promptly notify
invitation sent to the applicant under this paragraph
both the applicant and the International Bureau of
shall be considered to be an invitation under Rule
the said declaration, and the International Bureau
20.3(a)(ii).
shall in turn notify each designated Office which has
already been notified of its designation;
Rev. 08.2017, January 2018 T-64

(c) Paragraph (b) shall not apply where the successor State”) whose territory was, before the
receiving Office has informed the International independence of that State, part of the territory of a
Bureau in accordance with Rule 20.8(a) of the Contracting State designated in the international
incompatibility of Rules 20.3(a)(ii) and (b)(ii) and application which subsequently ceased to exist (“the
20.6 with the national law applied by that Office. predecessor State”), provided that the successor State
has become a Contracting State through the deposit,
Rule 30 with the Director General, of a declaration of
continuation the effect of which is that the Treaty is
Time Limit Under Article 14(4) applied by the successor State.
(b) The period referred to in paragraph (a) starts
30.1 Time Limit on the day following the last day of the existence of
the predecessor State and ends two months after the
The time limit referred to in Article 14(4) shall be date on which the declaration referred to in
four months from the international filing date. paragraph (a) was notified by the Director General
to the Governments of the States party to the Paris
Rule 31 Convention for the Protection of Industrial Property.
However, where the date of independence of the
Copies Required Under Article 13 successor State is earlier than the date of the day
following the last day of the existence of the
31.1 Request for Copies predecessor State, the successor State may declare
that the said period starts on the date of its
(a) Requests under Article 13(1) may relate to independence; such a declaration shall be made
all, some kinds of, or individual international together with the declaration referred to in paragraph
applications in which the national Office making the (a) and shall specify the date of independence.
request is designated. Requests for all or some kinds (c) Information on any international application
of such international applications must be renewed whose filing date falls within the applicable period
for each year by means of a notification addressed under paragraph (b) and whose effect is extended to
by that Office before November 30 of the preceding the successor State shall be published by the
year to the International Bureau. International Bureau in the Gazette.
(b) Requests under Article 13(2)(b) shall be (d) [Deleted]
subject to the payment of a fee covering the cost of
preparing and mailing the copy. 32.2 Effects of Extension to Successor State
31.2 Preparation of Copies (a) Where the effects of the international
application are extended to the successor State in
The preparation of copies required under Article 13 accordance with Rule 32.1,
shall be the responsibility of the International (i) the successor State shall be considered as
Bureau. having been designated in the international
application, and
Rule 32
(ii) the applicable time limit under Article
22 or 39(1) in relation to that State shall be extended
Extension of Effects of International until the expiration of at least six months from the
Application to Certain Successor States date of the publication of the information under Rule
32.1(c).
32.1 Extension of International Application
(b) The successor State may fix a time limit
to Successor State
which expires later than that provided in paragraph
(a)(ii). The International Bureau shall publish
(a) The effects of any international application
information on such time limits in the Gazette.
whose international filing date falls in the period
defined in paragraph (b) are extended to a State (“the
T-65 Rev. 08.2017, January 2018

Rule 32bis of all those search files, which may contain material
pertinent to the invention.
[Deleted] (b) Consequently, not only shall the art in which
the invention is classifiable be searched but also
Rule 33 analogous arts regardless of where classified.
(c) The question what arts are, in any given case,
Relevant Prior Art for the International to be regarded as analogous shall be considered in
Search the light of what appears to be the necessary essential
function or use of the invention and not only the
33.1 Relevant Prior Art for the International specific functions expressly indicated in the
Search international application.
(d) The international search shall embrace all
(a) For the purposes of Article 15(2), relevant subject matter that is generally recognized as
prior art shall consist of everything which has been equivalent to the subject matter of the claimed
made available to the public anywhere in the world invention for all or certain of its features, even
by means of written disclosure (including drawings though, in its specifics, the invention as described
and other illustrations) and which is capable of being in the international application is different.
of assistance in determining that the claimed
invention is or is not new and that it does or does 33.3 Orientation of the International Search
not involve an inventive step (i.e., that it is or is not
obvious), provided that the making available to the (a) International search shall be made on the
public occurred prior to the international filing date. basis of the claims, with due regard to the description
and the drawings (if any) and with particular
(b) When any written disclosure refers to an oral emphasis on the inventive concept towards which
disclosure, use, exhibition, or other means whereby the claims are directed.
the contents of the written disclosure were made
available to the public, and such making available (b) In so far as possible and reasonable, the
to the public occurred on a date prior to the international search shall cover the entire subject
international filing date, the international search matter to which the claims are directed or to which
report shall separately mention that fact and the date they might reasonably be expected to be directed
on which it occurred if the making available to the after they have been amended.
public of the written disclosure occurred on a date Rule 34
which is the same as, or later than, the international
filing date. Minimum Documentation
(c) Any published application or any patent
whose publication date is the same as, or later than, 34.1 Definition
but whose filing date, or, where applicable, claimed
priority date, is earlier than the international filing (a) The definitions contained in Article 2(i) and
date of the international application searched, and (ii) shall not apply for the purposes of this Rule.
which would constitute relevant prior art for the
(b) The documentation referred to in Article
purposes of Article 15(2) had it been published prior
15(4) (“minimum documentation”) shall consist of:
to the international filing date, shall be specially
mentioned in the international search report. (i) the “national patent documents” as
specified in paragraph (c),
33.2 Fields to Be Covered by the
International Search (ii) the published international (PCT)
applications, the published regional applications for
(a) The international search shall cover all those patents and inventors’ certificates, and the published
technical fields, and shall be carried out on the basis regional patents and inventors’ certificates,
Rev. 08.2017, January 2018 T-66

(iii) such other published items of non-patent (e) Any International Searching Authority
literature as the International Searching Authorities whose official language, or one of whose official
shall agree upon and which shall be published in a languages, is not Chinese, Japanese, Korean, Russian
list by the International Bureau when agreed upon or Spanish is entitled not to include in its
for the first time and whenever changed. documentation those patent documents of the
People's Republic of China, Japan, the Republic of
(c) Subject to paragraphs (d) and (e), the Korea, the Russian Federation and the former Soviet
“national patent documents” shall be the following: Union as well as those patent documents in the
(i) the patents issued in and after 1920 by Spanish language, respectively, for which no
France, the former Reichspatentamt of Germany, abstracts in the English language are generally
Japan, the former Soviet Union, Switzerland (in the available. English abstracts becoming generally
French and German languages only), the United available after the date of entry into force of these
Kingdom, and the United States of America, Regulations shall require the inclusion of the patent
documents to which the abstracts refer no later than
(ii) the patents issued by the Federal Republic
six months after such abstracts become generally
of Germany, the People’s Republic of China, the
available. In case of the interruption of abstracting
Republic of Korea and the Russian Federation,
services in English in technical fields in which
(iii) the patent applications, if any, published English abstracts were formerly generally available,
in and after 1920 in the countries referred to in items the Assembly shall take appropriate measures to
(i) and (ii), provide for the prompt restoration of such services
(iv) the inventors’ certificates issued by the in the said fields.
former Soviet Union, (f) For the purposes of this Rule, applications
(v) the utility certificates issued by, and the which have only been laid open for public inspection
published applications for utility certificates of, are not considered published applications.
France, Rule 35
(vi) such patents issued by, and such patent
applications published in, any other country after The Competent International Searching
1920 as are in the English, French, German, or Authority
Spanish language and in which no priority is
claimed, provided that the national Office of the 35.1 When Only One International Searching
interested country sorts out these documents and
Authority Is Competent
places them at the disposal of each International
Searching Authority.
Each receiving Office shall, in accordance with the
(d) Where an application is republished once terms of the applicable agreement referred to in
(for example, an Offenlegungsschrift as an Article 16(3)(b), inform the International Bureau
Auslegeschrift) or more than once, no International which International Searching Authority is
Searching Authority shall be obliged to keep all competent for the searching of the international
versions in its documentation; consequently, each applications filed with it, and the International
such Authority shall be entitled not to keep more Bureau shall promptly publish such information.
than one version. Furthermore, where an application
is granted and is issued in the form of a patent or a 35.2 When Several International Searching
utility certificate (France), no International Searching
Authorities Are Competent
Authority shall be obliged to keep both the
application and the patent or utility certificate
(a) Any receiving Office may, in accordance
(France) in its documentation; consequently, each
with the terms of the applicable agreement referred
such Authority shall be entitled to keep either the
to in Article 16(3)(b), specify several International
application only or the patent or utility certificate
Searching Authorities:
(France) only.
T-67 Rev. 08.2017, January 2018

(i) by declaring all of them competent for (ii) that Office or organization must have in its
any international application filed with it, and possession, or have access to, at least the minimum
leaving the choice to the applicant, or documentation referred to in Rule 34, properly
arranged for search purposes, on paper, in microform
(ii) by declaring one or more competent for or stored on electronic media;
certain kinds of international applications filed with
it, and declaring one or more others competent for (iii) that Office or organization must have a staff
other kinds of international applications filed with which is capable of searching the required technical
it, provided that, for those kinds of international fields and which has the language facilities to
applications for which several International understand at least those languages in which the
Searching Authorities are declared to be competent, minimum documentation referred to in Rule 34 is
the choice shall be left to the applicant. written or is translated;
(b) Any receiving Office availing itself of the (iv) that Office or organization must have in
faculty provided in paragraph (a) shall promptly place a quality management system and internal
inform the International Bureau, and the International review arrangements in accordance with the common
Bureau shall promptly publish such information. rules of international search;
(v) that Office or organization must hold an
35.3 When the International Bureau Is appointment as an International Preliminary
Receiving Office Under Rule 19.1 (a)(iii) Examining Authority.
(a) Where the international application is filed Rule 37
with the International Bureau as receiving Office
under Rule 19.1(a)(iii), an International Searching Missing or Defective Title
Authority shall be competent for the searching of
that international application if it would have been 37.1 Lack of Title
competent had that international application been
filed with a receiving Office competent under Rule
If the international application does not contain a
19.1(a)(i) or (ii), (b) or (c), or Rule 19.2(i).
title and the receiving Office has notified the
(b) Where two or more International Searching International Searching Authority that it has invited
Authorities are competent under paragraph (a), the the applicant to correct such defect, the International
choice shall be left to the applicant. Searching Authority shall proceed with the
(c) Rules 35.1 and 35.2 shall not apply to the international search unless and until it receives
International Bureau as receiving Office under Rule notification that the said application is considered
19.1(a)(iii). withdrawn.
Rule 36 37.2 Establishment of Title
Minimum Requirements for International If the international application does not contain a
Searching Authorities title and the International Searching Authority has
not received a notification from the receiving Office
36.1 Definition of Minimum Requirements to the effect that the applicant has been invited to
furnish a title, or if the said Authority finds that the
The minimum requirements referred to in Article title does not comply with Rule 4.3, it shall itself
16(3)(c) shall be the following: establish a title. Such title shall be established in the
language in which the international application is to
(i) the national Office or intergovernmental be published or, if a translation into another language
organization must have at least 100 full-time was transmitted under Rule 23.1(b) and the
employees with sufficient technical qualifications International Searching Authority so wishes, in the
to carry out searches; language of that translation.
Rev. 08.2017, January 2018 T-68

Rule 38 Rule 39
Missing or Defective Abstract Subject Matter Under Article 17(2)(a)(i)
38.1 Lack of Abstract 39.1 Definition
If the international application does not contain an No International Searching Authority shall be
abstract and the receiving Office has notified the required to search an international application if, and
International Searching Authority that it has invited to the extent to which, its subject matter is any of
the applicant to correct such defect, the International the following:
Searching Authority shall proceed with the
international search unless and until it receives (i) scientific and mathematical theories,
notification that the said application is considered (ii) plant or animal varieties or essentially
withdrawn. biological processes for the production of plants and
animals, other than microbiological processes and
38.2 Establishment of Abstract the products of such processes,
(iii) schemes, rules, or methods of doing
If the international application does not contain an business, performing purely mental acts or playing
abstract and the International Searching Authority games,
has not received a notification from the receiving
Office to the effect that the applicant has been invited (iv) methods for treatment of the human or
to furnish an abstract, or if the said Authority finds animal body by surgery or therapy, as well as
that the abstract does not comply with Rule 8, it shall diagnostic methods,
itself establish an abstract. Such abstract shall be (v) mere presentations of information,
established in the language in which the international
(vi) computer programs to the extent that the
application is to be published or, if a translation into
International Searching Authority is not equipped
another language was transmitted under Rule 23.1(b)
to search prior art concerning such programs.
and the International Searching Authority so wishes,
in the language of that translation. Rule 40
38.3 Modification of Abstract Lack of Unity of Invention (International

Search)
The applicant may, until the expiration of one month
from the date of mailing of the international search 40.1 Invitation to Pay Additional Fees; Time
report, submit to the International Searching
Limit
Authority:
(i) proposed modifications of the abstract; or The invitation to pay additional fees provided for
in Article 17(3)(a) shall:
(ii) where the abstract has been established by
the Authority, proposed modifications of, or (i) specify the reasons for which the international
comments on, that abstract, or both modifications application is not considered as complying with the
and comments; requirement of unity of invention;
and the Authority shall decide whether to modify (ii) invite the applicant to pay the additional fees
the abstract accordingly. Where the Authority within one month from the date of the invitation,
modifies the abstract, it shall notify the modification and indicate the amount of those fees to be paid; and
to the International Bureau. (iii) invite the applicant to pay, where applicable,
the protest fee referred to in Rule 40.2(e) within one
T-69 Rev. 08.2017, January 2018

month from the date of the invitation, and indicate 40.3 [Deleted]
the amount to be paid.
40.2 Additional Fees Rule 41
(a) The amount of the additional fees due for Taking into Account Results of Earlier
searching under Article 17(3)(a) shall be determined Search and Classification
by the competent International Searching Authority.
(b) The additional fees due for searching under 41.1 Taking into Account Results of Earlier
Article 17(3)(a) shall be payable direct to the Search in Case of a Request under Rule 4.12
International Searching Authority.
(c) Any applicant may pay the additional fees Where the applicant has, under Rule 4.12, requested
under protest, that is, accompanied by a reasoned the International Searching Authority to take into
statement to the effect that the international account the results of an earlier search and has
application complies with the requirement of unity complied with Rule 12 bis.1 and:
of invention or that the amount of the required
additional fees is excessive. Such protest shall be (i) the earlier search was carried out by the same
examined by a review body constituted in the International Searching Authority, or by the same
framework of the International Searching Authority, Office as that which is acting as the International
which, to the extent that it finds the protest justified, Searching Authority, the International Searching
shall order the total or partial reimbursement to the Authority shall, to the extent possible, take those
applicant of the additional fees. On the request of results into account in carrying out the international
the applicant, the text of both the protest and the search;
decision thereon shall be notified to the designated (ii) the earlier search was carried out by another
Offices together with the international search report. International Searching Authority, or by an Office
The applicant shall submit any translation thereof other than that which is acting as the International
with the furnishing of the translation of the Searching Authority, the International Searching
international application required under Article 22. Authority may take those results into account in
(d) The membership of the review body referred carrying out the international search.
to in paragraph (c) may include, but shall not be 41.2 Taking into Account Results of Earlier
limited to, the person who made the decision which Search and Classification in Other Cases
is the subject of the protest.
(e) The examination of a protest referred to in (a) Where the international application claims
paragraph (c) may be subjected by the International the priority of one or more earlier applications in
Searching Authority to the payment to it, for its own respect of which an earlier search has been carried
benefit, of a protest fee. Where the applicant has not, out by the same International Searching Authority,
within the time limit under Rule 40.1(iii), paid any or by the same Office as that which is acting as the
required protest fee, the protest shall be considered International Searching Authority, the International
not to have been made and the International Searching Authority shall, to the extent possible,
Searching Authority shall so declare. The protest fee take the results of any such earlier search into
shall be refunded to the applicant where the review account in carrying out the international search.
body referred to in paragraph (c) finds that the (b) Where the receiving Office has transmitted
protest was entirely justified. to the International Searching Authority a copy of
the results of any earlier search or of any earlier
classification under Rule 23bis.2(a) or (b), or where
such a copy is available to the International
Searching Authority in a form and manner acceptable
to it, for example, from a digital library, the
International Searching Authority may take those
Rev. 08.2017, January 2018 T-70

results into account in carrying out the international 43.4 Language

search.
Rule 42 Every international search report and any declaration
made under Article 17(2)(a) shall be in the language
in which the international application to which it
Time Limit for International Search
relates is to be published, provided that:
42.1 Time Limit for International Search (i) if a translation of the international application
into another language was transmitted under Rule
The time limit for establishing the international 23.1(b) and the International Searching Authority
search report or the declaration referred to in Article so wishes, the international search report and any
17(2)(a) shall be three months from the receipt of declaration made under Article 17(2)(a) may be in
the search copy by the International Searching the language of that translation;
Authority, or nine months from the priority date,
(ii) if the international application is to be
whichever time limit expires later.
published in the language of a translation furnished
under Rule 12.4 which is not accepted by the
Rule 43 International Searching Authority and that Authority
so wishes, the international search report and any
The International Search Report declaration made under Article 17(2)(a) may be in
a language which is both a language accepted by
43.1 Identifications that Authority and a language of publication referred
to in Rule 48.3(a).
The international search report shall identify the
43.5 Citations
International Searching Authority which established
it by indicating the name of such Authority, and the
(a) The international search report shall contain
international application by indicating the
the citations of the documents considered to be
international application number, the name of the
relevant.
applicant, and the international filing date.
(b) The method of identifying any cited
43.2 Dates document shall be regulated by the Administrative
Instructions.
The international search report shall be dated and (c) Citations of particular relevance shall be
shall indicate the date on which the international specially indicated.
search was actually completed. It shall also indicate (d) Citations which are not relevant to all the
the filing date of any earlier application whose claims shall be cited in relation to the claim or claims
priority is claimed or, if the priority of more than to which they are relevant.
one earlier application is claimed, the filing date of
the earliest among them. (e) If only certain passages of the cited document
are relevant or particularly relevant, they shall be
identified, for example, by indicating the page, the
43.3 Classification
column, or the lines, where the passage appears. If
(a) The international search report shall contain the entire document is relevant but some passages
the classification of the subject matter at least are of particular relevance, such passages shall be
according to the International Patent Classification. identified unless such identification is not
practicable.
(b) Such classification shall be effected by the
International Searching Authority. 43.6 Fields Searched
(a) The international search report shall list the

classification identification of the fields searched.
If that identification is effected on the basis of a
T-71 Rev. 08.2017, January 2018

classification other than the International Patent indicate what parts of the international application
Classification, the International Searching Authority were and what parts were not searched.
shall publish the classification used.
(b) If the international search extended to 43.8 Authorized Officer
patents, inventors’ certificates, utility certificates,
utility models, patents or certificates of addition, The international search report shall indicate the
inventors’ certificates of addition, utility certificates name of the officer of the International Searching
of addition, or published applications for any of those Authority responsible for that report.
kinds of protection, of States, periods, or languages,
not included in the minimum documentation as 43.9 Additional Matter
defined in Rule 34, the international search report
shall, when practicable, identify the kinds of The international search report shall contain no
documents, the States, the periods, and the languages matter other than that specified in Rules 33.1(b) and
to which it extended. For the purposes of this (c), 43.1 to 43.3, 43.5 to 43.8, and 44.2, and the
paragraph, Article 2(ii) shall not apply. indication referred to in Article 17(2)(b), provided
(c) If the international search was based on, or that the Administrative Instructions may permit the
was extended to, any electronic data base, the inclusion in the international search report of any
international search report may indicate the name of additional matter specified in the Administrative
the data base and, where considered useful to others Instructions. The international search report shall
and practicable, the search terms used. not contain, and the Administrative Instructions shall
not permit the inclusion of, any expressions of
43.6 bis Consideration of Rectifications of opinion, reasoning, arguments, or explanations.
Obvious Mistakes
43.10 Form
(a) A rectification of an obvious mistake that is
authorized under Rule 91.1 shall, subject to
The physical requirements as to the form of the
paragraph (b), be taken into account by the
international search report shall be prescribed by the
International Searching Authority for the purposes
Administrative Instructions.
of the international search and the international
search report shall so indicate.
Rule 43bis
(b) A rectification of an obvious mistake need
not be taken into account by the International
Written Opinion of the International
Searching Authority for the purposes of the
international search if it is authorized by or notified Searching Authority
to that Authority, as applicable, after it has begun to
draw up the international search report, in which 43 bis.1 Written Opinion
case the report shall, if possible, so indicate, failing
which the International Searching Authority shall (a) Subject to Rule 69.1(b -bis), the International
notify the International Bureau accordingly and the Searching Authority shall, at the same time as it
International Bureau shall proceed as provided for establishes the international search report or the
in the Administrative Instructions. declaration referred to in Article 17(2)(a), establish
a written opinion as to:
43.7 Remarks Concerning Unity of Invention
(i) whether the claimed invention appears to
be novel, to involve an inventive step (to be
If the applicant paid additional fees for the non-obvious), and to be industrially applicable;
international search, the international search report
shall so indicate. Furthermore, where the (ii) whether the international application
international search was made on the main invention complies with the requirements of the Treaty and
only or on less than all the inventions (Article these Regulations in so far as checked by the
17(3)(a)), the international search report shall International Searching Authority.
Rev. 08.2017, January 2018 T-72

44.3 Copies of Cited Documents

The written opinion shall also be accompanied by
such other observations as these Regulations provide (a) The request referred to in Article 20(3) may
for. be presented any time during seven years from the
(b) For the purposes of establishing the written international filing date of the international
opinion, Articles 33(2) to (6) and 35(2) and (3) and application to which the international search report
Rules 43.4, 43.6 bis , 64, 65, 66.1(e), 66.7, 67, relates.
70.2(b) and (d), 70.3, 70.4(ii), 70.5(a), 70.6 to 70.10, (b) The International Searching Authority may
70.12, 70.14 and 70.15(a) shall apply mutatis require that the party (applicant or designated Office)
mutandis. presenting the request pay to it the cost of preparing
(c) The written opinion shall contain a and mailing the copies. The level of the cost of
notification informing the applicant that, if a demand preparing copies shall be provided for in the
for international preliminary examination is made, agreements referred to in Article 16(3)(b) between
the written opinion shall, under Rule 66.1 bis(a) but the International Searching Authorities and the
subject to Rule 66.1 bis(b), be considered to be a International Bureau.
written opinion of the International Preliminary (c) [Deleted]
Examining Authority for the purposes of Rule
(d) Any International Searching Authority may
66.2(a), in which case the applicant is invited to
perform the obligations referred to in paragraphs (a)
submit to that Authority, before the expiration of the
and (b) through another agency responsible to it.
time limit under Rule 54 bis.1(a), a written reply
together, where appropriate, with amendments. Rule 44bis
Rule 44
International Preliminary Report on
Transmittal of the International Search Patentability by the International Searching
Report, Written Opinion, Etc. Authority
44.1 Copies of Report or Declaration and 44 bis.1 Issuance of Report; Transmittal to

Written Opinion the Applicant
(a) Unless an international preliminary

The International Searching Authority shall, on the examination report has been or is to be established,
same day, transmit one copy of the international the International Bureau shall issue a report on behalf
search report or of the declaration referred to in of the International Searching Authority (in this Rule
Article 17(2)(a), and one copy of the written opinion referred to as “the report”) as to the matters referred
established under Rule 43 bis.1 to the International to in Rule 43 bis.1(a). The report shall have the same
Bureau and one copy to the applicant. contents as the written opinion established under
Rule 43 bis.1.
44.2 Title or Abstract
(b) The report shall bear the title “international
preliminary report on patentability (Chapter I of the
The international search report shall either state that
Patent Cooperation Treaty)” together with an
the International Searching Authority approves the
indication that it is issued under this Rule by the
title and the abstract as submitted by the applicant
International Bureau on behalf of the International
or be accompanied by the text of the title and/or
Searching Authority.
abstract as established by the International Searching
Authority under Rules 37 and 38. (c) The International Bureau shall promptly
transmit one copy of the report issued under
paragraph (a) to the applicant.
T-73 Rev. 08.2017, January 2018

44 bis.2 Communication to Designated observations to each of the interested designated

Offices Offices and to the International Bureau.
(a) Where a report has been issued under Rule Rule 45

44 bis.1, the International Bureau shall communicate
it to each designated Office in accordance with Rule Translation of the International Search
93 bis.1 but not before the expiration of 30 months Report
from the priority date.
(b) Where the applicant makes an express 45.1 Languages
request to a designated Office under Article 23(2),
the International Bureau shall communicate a copy International search reports and declarations referred
of the written opinion established by the International to in Article 17(2)(a) shall, when not in English, be
Searching Authority under Rule 43 bis.1 to that translated into English.
Office promptly upon the request of that Office or
of the applicant. Rule 45bis
44 bis.3 Translation for Designated Offices
Supplementary International Searches
(a) Any designated State may, where a report
has been issued under Rule 44 bis.1 in a language 45 bis.1 Supplementary Search Request
other than the official language, or one of the official
languages, of its national Office, require a translation (a) The applicant may, at any time prior to the
of the report into English. Any such requirement expiration of 22 months from the priority date,
shall be notified to the International Bureau, which request that a supplementary international search be
shall promptly publish it in the Gazette. carried out in respect of the international application
(b) If a translation is required under paragraph by an International Searching Authority that is
(a), it shall be prepared by or under the responsibility competent to do so under Rule 45 bis.9. Such
of the International Bureau. requests may be made in respect of more than one
such Authority.
(c) The International Bureau shall transmit a
copy of the translation to any interested designated (b) A request under paragraph (a)
Office and to the applicant at the same time as it (“supplementary search request”) shall be submitted
communicates the report to that Office. to the International Bureau and shall indicate:
(d) In the case referred to in Rule 44 bis.2(b), (i) the name and address of the applicant and
the written opinion established under Rule 43 bis.1 of the agent (if any), the title of the invention, the
shall, upon request of the designated Office international filing date and the international
concerned, be translated into English by or under application number;
the responsibility of the International Bureau. The (ii) the International Searching Authority that
International Bureau shall transmit a copy of the is requested to carry out the supplementary
translation to the designated Office concerned within international search (“Authority specified for
two months from the date of receipt of the request supplementary search”); and
for translation, and shall at the same time transmit
(iii) where the international application was
a copy to the applicant.
filed in a language which is not accepted by that
44 bis.4 Observations on the Translation Authority, whether any translation furnished to the
receiving Office under Rule 12.3 or 12.4 is to form
The applicant may make written observations as to the basis of the supplementary international search.
the correctness of the translation referred to in Rule (c) The supplementary search request shall,
44 bis.3(b) or (d) and shall send a copy of the where applicable, be accompanied by:
Rev. 08.2017, January 2018 T-74

(i) where neither the language in which the from the date of receipt of the supplementary search
international application was filed nor that in which request. The amount payable shall be the amount
a translation (if any) has been furnished under Rule applicable on the date of payment.
12.3 or 12.4 is accepted by the Authority specified (d) The International Bureau shall refund the
for supplementary search, a translation of the supplementary search handling fee to the applicant
international application into a language which is if, before the documents referred to in Rule
accepted by that Authority; 45 bis.4(e)(i) to (iv) are transmitted to the Authority
(ii) preferably, a copy of a sequence listing specified for supplementary search, the international
in electronic form complying with the standard application is withdrawn or considered withdrawn,
provided for in the Administrative Instructions, if or the supplementary search request is withdrawn
required by the Authority specified for or is considered not to have been submitted under
supplementary search. Rule 45 bis.1(e).
(d) Where the International Searching Authority 45 bis.3 Supplementary Search Fee
has found that the international application does not
comply with the requirement of unity of invention, (a) Each International Searching Authority
the supplementary search request may contain an carrying out supplementary international searches
indication of the wish of the applicant to restrict the may require that the applicant pay a fee
supplementary international search to one of the (“supplementary search fee”) for its own benefit for
inventions as identified by the International carrying out such a search.
Searching Authority other than the main invention (b) The supplementary search fee shall be
referred to in Article 17(3)(a). collected by the International Bureau. Rule 16.1(b)
(e) The supplementary search request shall be to (e) shall apply mutatis mutandis.
considered not to have been submitted, and the (c) As to the time limit for payment of the
International Bureau shall so declare: supplementary search fee and the amount payable,
(i) if it is received after the expiration of the the provisions of Rule 45 bis.2(c) shall apply mutatis
time limit referred to in paragraph (a); or mutandis.
(ii) if the Authority specified for (d) The International Bureau shall refund the
supplementary search has not stated, in the supplementary search fee to the applicant if, before
applicable agreement under Article 16(3)(b), its the documents referred to in Rule 45 bis.4(e)(i) to
preparedness to carry out such searches or is not (iv) are transmitted to the Authority specified for
competent to do so under Rule 45 bis.9(b). supplementary search, the international application
is withdrawn or considered withdrawn, or the
45 bis.2 Supplementary Search Handling Fee supplementary search request is withdrawn or is
considered not to have been submitted under Rule
(a) The supplementary search request shall be 45 bis.1(e) or Rule 45 bis.4(d).
subject to the payment of a fee for the benefit of the
International Bureau ("supplementary search (e) The Authority specified for supplementary
handling fee") as set out in the Schedule of Fees. search shall, to the extent and under the conditions
provided for in the applicable agreement under
(b) The supplementary search handling fee shall Article 16(3)(b), refund the supplementary search
be paid in the currency in which the fee is set out in fee if, before it has started the supplementary
the Schedule of Fees or in any other currency international search in accordance with Rule
prescribed by the International Bureau. The amount 45 bis.5(a), the supplementary search request is
in such other currency shall be the equivalent, in considered not to have been submitted under Rule
round figures, as established by the International 45 bis.5(g).
Bureau, of the amount as set out in the Schedule of
Fees, and shall be published in the Gazette. 45 bis.4 Checking of Supplementary Search
(c) The supplementary search handling fee shall
Request; Correction of Defects; Late
be paid to the International Bureau within one month
T-75 Rev. 08.2017, January 2018

Payment of Fees; Transmittal to Authority at the same time, or promptly after their later receipt
Specified for Supplementary Search by the International Bureau:
(v) the international search report and the
(a) Promptly after receipt of a supplementary
written opinion established under Rule 43 bis.1;
search request, the International Bureau shall check
whether it complies with the requirements of Rule (vi) any invitation by the International
45 bis.1(b) and (c)(i) and shall invite the applicant Searching Authority to pay additional fees referred
to correct any defects within a time limit of one to in Article 17(3)(a); and
month from the date of the invitation. (vii) any protest by the applicant under Rule
(b) Where, by the time they are due under Rules 40.2(c) and the decision thereon by the review body
45 bis.2(c) and 45 bis.3(c), the International Bureau constituted in the framework of the International
finds that the supplementary search handling fee and Searching Authority.
the supplementary search fee have not been paid in (f) Upon request of the Authority specified for
full, it shall invite the applicant to pay to it the supplementary search, the written opinion referred
amount required to cover those fees, together with to in paragraph (e)(v) shall, when not in English or
the late payment fee under paragraph (c), within a in a language accepted by that Authority, be
time limit of one month from the date of the translated into English by or under the responsibility
invitation. of the International Bureau. The International Bureau
(c) The payment of fees in response to an shall transmit a copy of the translation to that
invitation under paragraph (b) shall be subject to the Authority within two months from the date of receipt
payment to the International Bureau, for its own of the request for translation, and shall at the same
benefit, of a late payment fee whose amount shall time transmit a copy to the applicant.
be 50% of the supplementary search handling fee.
45 bis.5 Start, Basis and Scope of
(d) If the applicant does not furnish the required Supplementary International Search
correction or does not pay the amount in full of the
fees due, including the late payment fee, before the (a) The Authority specified for supplementary
expiration of the time limit applicable under search shall start the supplementary international
paragraph (a) or (b), respectively, the supplementary search promptly after receipt of the documents
search request shall be considered not to have been specified in Rule 45 bis.4(e)(i) to (iv), provided that
submitted and the International Bureau shall so the Authority may, at its option, delay the start of
declare and shall inform the applicant accordingly. the search until it has also received the documents
(e) On finding that the requirements of Rule specified in Rule 45 bis.4(e)(v) or until the expiration
45 bis.1(b) and (c)(i), 45 bis.2(c) and 45 bis.3(c) of 22 months from the priority date, whichever
have been complied with, the International Bureau occurs first.
shall promptly, but not before the date of receipt by (b) The supplementary international search shall
it of the international search report or the expiration be carried out on the basis of the international
of 17 months from the priority date, whichever application as filed or of a translation referred to in
occurs first, transmit to the Authority specified for Rule 45 bis.1(b)(iii) or 45 bis.1(c)(i), taking due
supplementary search a copy of each of the account of the international search report and the
following: written opinion established under Rule 43 bis.1
(i) the supplementary search request; where they are available to the Authority specified
for supplementary search before it starts the search.
(ii) the international application; Where the supplementary search request contains
(iii) any sequence listing furnished under an indication under Rule 45 bis.1(d), the
Rule 45 bis.1(c)(ii); and supplementary international search may be restricted
(iv) any translation furnished under Rule to the invention specified by the applicant under
12.3, 12.4 or 45 bis.1(c)(i) which is to be used as the Rule 45 bis.1(d) and those parts of the international
basis of the supplementary international search; and, application which relate to that invention.
Rev. 08.2017, January 2018 T-76

(c) For the purposes of the supplementary (ii) notify the applicant of its opinion that the
international search, Article 17(2) and Rules 13 ter.1, international application does not comply with the
33 and 39 shall apply mutatis mutandis. requirement of unity of invention and specify the
(d) Where the international search report is reasons for that opinion; and
available to the Authority specified for (iii) inform the applicant of the possibility
supplementary search before it starts the search under of requesting, within the time limit referred to in
paragraph (a), that Authority may exclude from the paragraph (c), a review of the opinion.
supplementary search any claims which were not
the subject of the international search. (b) In considering whether the international
application complies with the requirement of unity
(e) Where the International Searching Authority of invention, the Authority shall take due account
has made the declaration referred to in Article of any documents received by it under PCT Rule
17(2)(a) and that declaration is available to the 45 bis.4(e)(vi) and (vii) before it starts the
Authority specified for supplementary search before supplementary international search.
it starts the search under paragraph (a), that Authority
may decide not to establish a supplementary (c) The applicant may, within one month from
international search report, in which case it shall so the date of the notification under paragraph (a)(ii),
declare and promptly notify the applicant and the request the Authority to review the opinion referred
International Bureau accordingly. to in paragraph (a). The request for review may be
subjected by the Authority to the payment to it, for
(f) The supplementary international search shall its own benefit, of a review fee whose amount shall
cover at least the documentation indicated for that be fixed by it.
purpose in the applicable agreement under Article
16(3)(b). (d) If the applicant, within the time limit under
paragraph (c), requests a review of the opinion by
(g) If the Authority specified for supplementary the Authority and pays any required review fee, the
search finds that carrying out the search is entirely opinion shall be reviewed by the Authority. The
excluded by a limitation or condition referred to in review shall not be carried out only by the person
Rule 45 bis.9(a), other than a limitation under Article who made the decision which is the subject of the
17(2) as applicable by virtue of Rule 45 bis.5(c), the review. Where the Authority:
supplementary search request shall be considered
not to have been submitted, and the Authority shall (i) finds that the opinion was entirely
so declare and shall promptly notify the applicant justified, it shall notify the applicant accordingly;
and the International Bureau accordingly. (ii) finds that the opinion was partially
(h) The Authority specified for supplementary unjustified but still considers that the international
search may, in accordance with a limitation or application does not comply with the requirement
condition referred to in Rule 45 bis.9(a), decide to of unity of invention, it shall notify the applicant
restrict the search to certain claims only, in which accordingly and, where necessary, proceed as
case the supplementary international search report provided for in paragraph (a)(i);
shall so indicate. (iii) finds that the opinion was entirely
unjustified, it shall notify the applicant accordingly,
45 bis.6 Unity of Invention
establish the supplementary international search
report on all parts of the international application
(a) If the Authority specified for supplementary
and refund the review fee to the applicant.
search finds that the international application does
not comply with the requirement of unity of (e) On the request of the applicant, the text of
invention, it shall: both the request for review and the decision thereon
shall be communicated to the designated Offices
(i) establish the supplementary international
together with the supplementary international search
search report on those parts of the international
report. The applicant shall submit any translation
application which relate to the invention first
thereof with the furnishing of the translation of the
mentioned in the claims ("main invention");
international application required under Article 22.
T-77 Rev. 08.2017, January 2018

(f) Paragraphs (a) to (e) shall apply mutatis (ii) with regard to the scope of the
mutandis where the Authority specified for supplementary international search.
supplementary search decides to restrict the
supplementary international search in accordance 45 bis.8 Transmittal and Effect of the
with the second sentence of Rule 45 bis.5(b) or with Supplementary International Search Report
Rule 45 bis.5(h), provided that any reference in the
said paragraphs to the "international application" (a) The Authority specified for supplementary
shall be construed as a reference to those parts of search shall, on the same day, transmit one copy of
the international application which relate to the the supplementary international search report or the
invention specified by the applicant under Rule declaration that no supplementary international
45 bis.1(d) or which relate to the claims and those search report shall be established, as applicable, to
parts of the international application for which the the International Bureau and one copy to the
Authority will carry out a supplementary applicant.
international search, respectively. (b) Subject to paragraph (c), Article 20(1) and
45 bis.7 Supplementary International Search Rules 45.1, 47.1(d) and 70.7(a) shall apply as if the
Report supplementary international search report were part
of the international search report.
(a) The Authority specified for supplementary (c) A supplementary international search report
search shall, within 28 months from the priority date, need not be taken into account by the International
establish the supplementary international search Preliminary Examining Authority for the purposes
report, or make the declaration referred to in Article of a written opinion or the international preliminary
17(2)(a) as applicable by virtue of Rule 45 bis.5(c) examination report if it is received by that Authority
that no supplementary international search report after it has begun to draw up that opinion or report.
will be established.
45 bis.9 International Searching Authorities
(b) Every supplementary international search
Competent to Carry Out Supplementary
report, any declaration referred to in Article 17(2)(a)
as applicable by virtue of Rule 45 bis.5(c) and any
International Search
declaration under Rule 45 bis.5(e) shall be in a
(a) An International Searching Authority shall
language of publication.
be competent to carry out supplementary
(c) For the purposes of establishing the international searches if its preparedness to do so is
supplementary international search report, Rules stated in the applicable agreement under Article
43.1, 43.2, 43.5, 43.6, 43.6 bis , 43.8 and 43.10 shall, 16(3)(b), subject to any limitations and conditions
subject to paragraphs (d) and (e), apply mutatis set out in that agreement.
mutandis. Rule 43.9 shall apply mutatis mutandis,
(b) The International Searching Authority
except that the references therein to Rules 43.3, 43.7
carrying out the international search under Article
and 44.2 shall be considered non-existent. Article
16(1) in respect of an international application shall
20(3) and Rule 44.3 shall apply mutatis mutandis.
not be competent to carry out a supplementary
(d) The supplementary international search international search in respect of that application.
report need not contain the citation of any document
(c) The limitations referred to in paragraph (a)
cited in the international search report, except where
may, for example, include limitations as to the
the document needs to be cited in conjunction with
subject matter for which supplementary international
other documents that were not cited in the
searches will be carried out, other than limitations
international search report.
under Article 17(2) as applicable by virtue of Rule
(e) The supplementary international search 45 bis.5(c), limitations as to the total number of
report may contain explanations: supplementary international searches which will be
(i) with regard to the citations of the carried out in a given period, and limitations to the
documents considered to be relevant; effect that the supplementary international searches
will not extend to any claim beyond a certain number
Rev. 08.2017, January 2018 T-78

of claims. contained in the international search report may be

-------------------------------------------------------------------------------- made only in connection with an amendment of that
claim.
Rule 46
46.5 Form of Amendments
Amendment of Claims before the
International Bureau (a) The applicant, when making amendments
under Article 19, shall be required to submit a
replacement sheet or sheets containing a complete
46.1 Time Limit
set of claims in replacement of all the claims
originally filed.
The time limit referred to in Article 19 shall be two
months from the date of transmittal of the (b) The replacement sheet or sheets shall be
international search report to the International accompanied by a letter which:
Bureau and to the applicant by the International (i) shall identify the claims which, on account
Searching Authority or 16 months from the priority of the amendments, differ from the claims originally
date, whichever time limit expires later, provided filed, and shall draw attention to the differences
that any amendment made under Article 19 which between the claims originally filed and the claims
is received by the International Bureau after the as amended;
expiration of the applicable time limit shall be
(ii) shall identify the claims originally filed
considered to have been received by that Bureau on
which, on account of the amendments, are cancelled.
the last day of that time limit if it reaches it before
the technical preparations for international (iii) shall indicate the basis for the
publication have been completed. amendments in the application as filed.
Rule 47
46.2 Where to File
Communication to Designated Offices
Amendments made under Article 19 shall be filed
directly with the International Bureau.
47.1 Procedure
46.3 Language of Amendments (a) The communication provided for in Article
20 shall be effected by the International Bureau to
If the international application has been filed in a each designated Office in accordance with Rule
language other than the language in which it is 93 bis.1 but, subject to Rule 47.4, not prior to the
published, any amendment made under Article 19 international publication of the international
shall be in the language of publication. application.
(a-bis) The International Bureau shall notify
46.4 Statement
each designated Office, in accordance with Rule
93 bis.1, of the fact and date of receipt of the record
(a) The statement referred to in Article 19(1)
copy and of the fact and date of receipt of any
shall be in the language in which the international
priority document.
application is published and shall not exceed 500
words if in the English language or if translated into (b) Any amendment received by the International
that language. The statement shall be identified as Bureau within the time limit under Rule 46.1 which
such by a heading, preferably by using the words was not included in the communication provided for
“Statement under Article 19(1)” or their equivalent in Article 20 shall be communicated promptly to the
in the language of the statement. designated Offices by the International Bureau, and
the latter shall notify the applicant accordingly.
(b) The statement shall contain no disparaging
comments on the international search report or the (c) The International Bureau shall, promptly
relevance of citations contained in that report. after the expiration of 28 months from the priority
Reference to citations, relevant to a given claim, date, send a notice to the applicant indicating:
T-79 Rev. 08.2017, January 2018

(i) the designated Offices which have 47.3 Languages

requested that the communication provided for in
Article 20 be effected under Rule 93 bis.1 and the (a) The international application communicated
date of such communication to those Offices; and under Article 20 shall be in the language in which
it is published.
(ii) the designated Offices which have not
requested that the communication provided for in (b) Where the language in which the
Article 20 be effected under Rule 93 bis.1. international application is published is different
from the language in which it was filed, the
(c-bis) The notice referred to in paragraph
International Bureau shall furnish to any designated
(c) shall be accepted by designated Offices:
Office, upon the request of that Office, a copy of
(i) in the case of a designated Office referred that application in the language in which it was filed.
to in paragraph (c)(i), as conclusive evidence that
the communication provided for in Article 20 was 47.4 Express Request Under Article 23(2)
effected on the date specified in the notice; Prior to International Publication
(ii) in the case of a designated Office referred
Where the applicant makes an express request to a
to in paragraph (c)(ii), as conclusive evidence that
designated Office under Article 23(2) prior to the
the Contracting State for which that Office acts as
international publication of the international
designated Office does not require the furnishing,
application, the International Bureau shall, upon
under Article 22, by the applicant of a copy of the
request of the applicant or the designated Office,
international application.
promptly effect the communication provided for in
(d) Each designated Office shall, when it so Article 20 to that Office.
requires, receive the international search reports and
the declarations referred to in Article 17(2)(a) also Rule 48
in the translation referred to in Rule 45.1.
(e) Where any designated Office has not, before International Publication
the expiration of 28 months from the priority date,
requested the International Bureau to effect the 48.1 Form and Means
communication provided for in Article 20 in
accordance with Rule 93 bis.1, the Contracting State The form in which and the means by which
for which that Office acts as designated Office shall international applications are published shall be
be considered to have notified the International governed by the Administrative Instructions.
Bureau, under Rule 49.1(a- bis), that it does not
require the furnishing, under Article 22, by the
48.2 Contents
applicant of a copy of the international application.
47.2 Copies (a) The publication of the international
application shall contain:
The copies required for communication shall be (i) a standardized front page;
prepared by the International Bureau. Further details
(ii) the description;
concerning the copies required for communication
may be provided for in the Administrative (iii) the claims;
Instructions. (iv) the drawings, if any;
(b) [Deleted] (v) subject to paragraph (g), the international

search report or the declaration under Article
(c) [Deleted] 17(2)(a);
(vi) any statement filed under Article 19(1),
unless the International Bureau finds that the
statement does not comply with the provisions of
Rule 46.4;
Rev. 08.2017, January 2018 T-80
(vii) where the request for publication under on compliance with Rule 17.1(a), (b) or (b- bis) in
Rule 91.3(d) was received by the International relation to the priority document or on a separately
Bureau before the completion of the technical submitted copy of the earlier application concerned;
preparations for international publication, any (vi) where applicable, an indication that the
request for rectification of an obvious mistake, any published international application contains
reasons and any comments referred to in information under Rule 26 bis.2 (d);
Rule 91.3(d);
(vii) where applicable, an indication that the
(viii) the indications in relation to deposited published international application contains
biological material furnished under Rule 13 bis information concerning a request under Rule 26 bis.3
separately from the description, together with an for restoration of the right of priority and the decision
indication of the date on which the International of the receiving Office upon such request.
Bureau received such indications;
(c) Where a declaration under Article 17(2)(a)
(ix) any information concerning a priority has issued, the front page shall conspicuously refer
claim referred to in Rule 26 bis .2(d); to that fact and need include neither a drawing nor
(x) any declaration referred to in Rule 4.17, an abstract.
and any correction thereof under Rule 26 ter.1, (d) The figure or figures referred to in paragraph
which was received by the International Bureau (b)(ii) shall be selected as provided in Rule 8.2.
before the expiration of the time limit under Rule Reproduction of such figure or figures on the front
26 ter.1; page may be in a reduced form.
(xi) any information concerning a request (e) If there is not enough room on the front page
under Rule 26 bis.3 for restoration of the right of for the totality of the abstract referred to in paragraph
priority and the decision of the receiving Office upon (b)(iii), the said abstract shall appear on the back of
such request, including information as to the criterion the front page. The same shall apply to the
for restoration upon which the decision was based. translation of the abstract when such translation is
(b) Subject to paragraph (c), the front page shall required to be published under Rule 48.3(c).
include: (f) If the claims have been amended under
(i) data taken from the request sheet and such Article 19, the publication of the international
other data as are prescribed by the Administrative application shall contain the full text of the claims
Instructions; both as filed and as amended. Any statement referred
(ii) a figure or figures where the international to in Article 19(1) shall be included as well, unless
application contains drawings, unless Rule 8.2(b) the International Bureau finds that the statement does
applies; not comply with the provisions of Rule 46.4. The
date of receipt of the amended claims by the
(iii) the abstract; if the abstract is both in International Bureau shall be indicated.
English and in another language, the English text
shall appear first; (g) If, at the time of the completion of the
technical preparations for international publication,
(iv) where applicable, an indication that the the international search report is not yet available,
request contains a declaration referred to in Rule the front page shall contain an indication to the effect
4.17 which was received by the International Bureau that that report was not available and that the
before the expiration of the time limit under Rule international search report (when it becomes
26 ter.1; available) will be separately published together with
(v) where the international filing date has a revised front page.
been accorded by the receiving Office under (h) If, at the time of the completion of the
Rule 20.3(b)(ii) or 20.5(d) on the basis of the technical preparations for international publication,
incorporation by reference under Rules 4.18 and 20.6 the time limit for amending the claims under Article
of an element or part, an indication to that effect, 19 has not expired, the front page shall refer to that
together with an indication as to whether the fact and indicate that, should the claims be amended
applicant, for the purposes of Rule 20.6(a)(ii), relied under Article 19, then, promptly after receipt by the
T-81 Rev. 08.2017, January 2018
International Bureau of such amendments within the (iii) there is no prevailing public interest to
time limit under Rule 46.1, the full text of the claims have access to that information.
as amended will be published together with a revised
front page. If a statement under Article 19(1) has
Rule 26.4 shall apply mutatis mutandis as to the
been filed, that statement shall be published as well,
manner in which the applicant shall present the
unless the International Bureau finds that the
information which is the subject of a request made
statement does not comply with the provisions of
under this paragraph.
Rule 46.4.
(m) Where the receiving Office, the International
(i) If the authorization by the receiving Office,
Searching Authority, the Authority specified for
the International Searching Authority or the
supplementary search or the International Bureau
International Bureau of a rectification of an obvious
notes any information meeting the criteria set out
mistake in the international application under Rule
under paragraph (l), that Office, Authority or Bureau
91.1 is received by or, where applicable, given by
may suggest to the applicant to request the omission
the International Bureau after completion of the
from international publication in accordance with
technical preparations for international publication,
paragraph (l).
a statement reflecting all the rectifications shall be
published, together with the sheets containing the (n) Where the International Bureau has omitted
rectifications, or the replacement sheets and the letter information from international publication in
furnished under Rule 91.2, as the case may be, and accordance with paragraph (l) and that information
the front page shall be republished. is also contained in the file of the international
application held by the receiving Office, the
(j) If, at the time of completion of the technical
International Searching Authority, the Authority
preparations for international publication, a request
specified for supplementary search or the
under Rule 26 bis.3 for restoration of the right of
International Preliminary Examining Authority, the
priority is still pending, the published international
International Bureau shall promptly notify that
application shall contain, in place of the decision by
Office and Authority accordingly.
the receiving Office upon that request, an indication
to the effect that such decision was not available and 48.3 Languages of Publication
that the decision, when it becomes available, will be
separately published. (a) If the international application is filed in
(k) If a request for publication under Rule Arabic, Chinese, English, French, German, Japanese,
91.3(d) was received by the International Bureau Korean, Portuguese, Russian or Spanish (“languages
after the completion of the technical preparations of publication”), that application shall be published
for international publication, the request for in the language in which it was filed.
rectification, any reasons and any comments referred (b) If the international application is not filed in
to in that Rule shall be promptly published after the a language of publication and a translation into a
receipt of such request for publication, and the front language of publication has been furnished under
page shall be republished. Rule 12.3 or 12.4, that application shall be published
(l) The International Bureau shall, upon a in the language of that translation.
reasoned request by the applicant received by the (c) If the international application is published
International Bureau prior to the completion of the in a language other than English, the international
technical preparations for international publication, search report to the extent that it is published under
omit from publication any information, if it finds Rule 48.2(a)(v), or the declaration referred to in
that: Article 17(2)(a), the title of the invention, the
(i) this information does not obviously serve abstract and any text matter pertaining to the figure
the purpose of informing the public about the or figures accompanying the abstract shall be
international application; published both in that language and in English. The
translations, if not furnished by the applicant under
(ii) publication of such information would Rule 12.3, shall be prepared under the responsibility
clearly prejudice the personal or economic interests of the International Bureau.
of any person; and
Rev. 08.2017, January 2018 T-82

48.4 Earlier Publication on the Applicant’s Rule 49

Request
Copy, Translation and Fee Under Article 22
(a) Where the applicant asks for publication
under Articles 21(2)(b) and 64(3)(c)(i) and the 49.1 Notification
international search report, or the declaration referred
to in Article 17(2)(a), is not yet available for (a) Any Contracting State requiring the
publication together with the international furnishing of a translation or the payment of a
application, the International Bureau shall collect a national fee, or both, under Article 22, shall notify
special publication fee whose amount shall be fixed the International Bureau of:
in the Administrative Instructions.
(i) the languages from which and the
(b) Publication under Articles 21(2)(b) and language into which it requires translation,
64(3)(c)(i) shall be effected by the International
Bureau promptly after the applicant has asked for it (ii) the amount of the national fee.
and, where a special fee is due under paragraph (a), (a-bis) Any Contracting State not requiring the
after receipt of such fee. furnishing, under Article 22, by the applicant of a
copy of the international application (even though
48.5 Notification of National Publication the communication of the copy of the international
application by the International Bureau under Rule
Where the publication of the international application 47 has not taken place by the expiration of the time
by the International Bureau is governed by Article limit applicable under Article 22) shall notify the
64(3)(c)(ii), the national Office concerned shall, International Bureau accordingly.
promptly after effecting the national publication
referred to in the said provision, notify the (a-ter) Any Contracting State which, pursuant
International Bureau of the fact of such national to Article 24(2), maintains, if it is a designated State,
publication. the effect provided for in Article 11(3) even though
a copy of the international application is not
furnished by the applicant by the expiration of the
48.6 Announcing of Certain Facts
time limit applicable under Article 22 shall notify
the International Bureau accordingly.
(a) If any notification under Rule 29.1(ii) reaches
the International Bureau at a time later than that at (b) Any notification received by the International
which it was able to prevent the international Bureau under paragraphs (a), (a- bis) or (a- ter) shall
publication of the international application, the be promptly published by the International Bureau
International Bureau shall promptly publish a notice in the Gazette.
in the Gazette reproducing the essence of such (c) If the requirements under paragraph (a)
notification. change later, such changes shall be notified by the
(b) [Deleted] Contracting State to the International Bureau and
that Bureau shall promptly publish the notification
(c) If the international application, the
in the Gazette. If the change means that translation
designation of any designated State or the priority
is required into a language which, before the change,
claim is withdrawn under Rule 90 bis after the
was not required, such change shall be effective only
technical preparations for international publication
with respect to international applications filed later
have been completed, notice of the withdrawal shall
than two months after the publication of the
be published in the Gazette.
notification in the Gazette. Otherwise, the effective
date of any change shall be determined by the
Contracting State.
T-83 Rev. 08.2017, January 2018

49.2 Languages (a-bis) No designated Office shall require the

applicant to furnish to it a translation of any text
The language into which translation may be required matter contained in the sequence listing part of the
must be an official language of the designated Office. description if such sequence listing part complies
If there are several of such languages, no translation with Rule 12.1(d) and if the description complies
may be required if the international application is in with Rule 5.2(b).
one of them. If there are several official languages (b) Any designated Office requiring the
and a translation must be furnished, the applicant furnishing of a translation of the request shall furnish
may choose any of those languages. Notwithstanding copies of the request form in the language of the
the foregoing provisions of this paragraph, if there translation free of charge to the applicants. The form
are several official languages but the national law and contents of the request form in the language of
prescribes the use of one such language for the translation shall not be different from those of
foreigners, a translation into that language may be the request under Rules 3 and 4; in particular, the
required. request form in the language of the translation shall
not ask for any information that is not in the request
49.3 Statements Under Article 19; as filed. The use of the request form in the language
Indications Under Rule 13 bis.4 of the translation shall be optional.
(c) Where the applicant did not furnish a
For the purposes of Article 22 and the present Rule, translation of any statement made under Article
any statement made under Article 19(1) and any 19(1), the designated Office may disregard such
indication furnished under Rule 13 bis .4 shall, statement.
subject to Rule 49.5(c) and (h), be considered part
(c-bis) Where the applicant furnishes, to a
of the international application.
designated Office which requires under paragraph
(a)(ii) a translation of both the claims as filed and
49.4 Use of National Form the claims as amended, only one of the required two
translations, the designated Office may disregard
No applicant shall be required to use a national form the claims of which a translation has not been
when performing the acts referred to in Article 22. furnished or invite the applicant to furnish the
missing translation within a time limit which shall
49.5 Contents of and Physical Requirements be reasonable under the circumstances and shall be
for the Translation fixed in the invitation. Where the designated Office
chooses to invite the applicant to furnish the missing
(a) For the purposes of Article 22, the translation translation and the latter is not furnished within the
of the international application shall contain the time limit fixed in the invitation, the designated
description (subject to paragraph (a- bis)), the claims, Office may disregard those claims of which a
any text matter of the drawings and the abstract. If translation has not been furnished or consider the
required by the designated Office, the translation international application withdrawn.
shall also, subject to paragraphs (b), (c -bis) and (e), (d) If any drawing contains text matter, the
(i) contain the request, translation of that text matter shall be furnished
either in the form of a copy of the original drawing
(ii) if the claims have been amended under
with the translation pasted on the original text matter
Article 19, contain both the claims as filed and the
or in the form of a drawing executed anew.
claims as amended (the claims as amended shall be
furnished in the form of a translation of the complete (e) Any designated Office requiring under
set of claims furnished under Rule 46.5(a) in paragraph (a) the furnishing of a copy of the
replacement of all the claims originally filed), and drawings shall, where the applicant failed to furnish
such copy within the time limit applicable under
(iii) be accompanied by a copy of the
Article 22, invite the applicant to furnish such copy
drawings.
within a time limit which shall be reasonable under
the circumstances and shall be fixed in the invitation.
Rev. 08.2017, January 2018 T-84

(f) The expression “Fig.” does not require respect to that international application if it finds
translation into any language. that any delay in meeting that time limit was
(g) Where any copy of the drawings or any unintentional or, at the option of the designated
drawing executed anew which has been furnished Office, that the failure to meet that time limit
under paragraph (d) or (e) does not comply with the occurred in spite of due care required by the
physical requirements referred to in Rule 11, the circumstances having been taken.
designated Office may invite the applicant to correct (b) The request under paragraph (a) shall be
the defect within a time limit which shall be submitted to the designated Office, and the acts
reasonable under the circumstances and shall be referred to in Article 22 shall be performed, within
fixed in the invitation. whichever of the following periods expires first:
(h) Where the applicant did not furnish a (i) two months from the date of removal of
translation of the abstract or of any indication the cause of the failure to meet the applicable time
furnished under Rule 13 bis.4, the designated Office limit under Article 22; or
shall invite the applicant to furnish such translation, (ii) 12 months from the date of the expiration
if it deems it to be necessary, within a time limit of the applicable time limit under Article 22;
which shall be reasonable under the circumstances
and shall be fixed in the invitation.
provided that the applicant may submit the request
(i) Information on any requirement and practice at any later time if so permitted by the national law
of designated Offices under the second sentence of applicable by the designated Office.
paragraph (a) shall be published by the International
(c) The request under paragraph (a) shall state
Bureau in the Gazette.
the reasons for the failure to comply with the
(j) No designated Office shall require that the applicable time limit under Article 22.
translation of the international application comply
(d) The national law applicable by the designated
with physical requirements other than those
Office may require:
prescribed for the international application as filed.
(i) that a fee be paid in respect of a request
(k) Where a title has been established by the
under paragraph (a);
International Searching Authority pursuant to Rule
37.2, the translation shall contain the title as (ii) that a declaration or other evidence in
established by that Authority. support of the reasons referred to in paragraph (c)
be filed.
(l) If, on July 12, 1991, paragraph (c- bis) or
paragraph (k) is not compatible with the national (e) The designated Office shall not refuse a
law applied by the designated Office, the paragraph request under paragraph (a) without giving the
concerned shall not apply to that designated Office applicant the opportunity to make observations on
for as long as it continues not to be compatible with the intended refusal within a time limit which shall
that law, provided that the said Office informs the be reasonable under the circumstances.
International Bureau accordingly by December 31, (f) If, on October 1, 2002, paragraphs (a) to (e)
1991. The information received shall be promptly are not compatible with the national law applied by
published by the International Bureau in the Gazette. the designated Office, those paragraphs shall not
49.6 Reinstatement of Rights After Failure apply in respect of that designated Office for as long
as they continue not to be compatible with that law,
to Perform the Acts Referred to in Article 22
provided that the said Office informs the
International Bureau accordingly by January 1, 2003.
(a) Where the effect of the international
The information received shall be promptly
application provided for in Article 11(3) has ceased
published by the International Bureau in the Gazette.
because the applicant failed to perform the acts
referred to in Article 22 within the applicable time
limit, the designated Office shall, upon request of
the applicant, and subject to paragraphs (b) to (e) of
this Rule, reinstate the rights of the applicant with
T-85 Rev. 08.2017, January 2018

Rule 49bis applicant that the international application is to be

treated as an application for that kind of protection
Indications as to Protection Sought for and the designated Office shall inform the applicant
accordingly.
Purposes of National Processing
49 bis.2 Time of Furnishing Indications
49 bis.1 Choice of Certain Kinds of
Protection (a) No designated Office shall require the
applicant to furnish, before performing the acts
(a) If the applicant wishes the international referred to in Article 22, any indication referred to
application to be treated, in a designated State in in Rule 49 bis.1 or, where applicable, any indication
respect of which Article 43 applies, as an application as to whether the applicant seeks the grant of a
not for the grant of a patent but for the grant of national patent or a regional patent.
another kind of protection referred to in that Article, (b) The applicant may, if so permitted by the
the applicant, when performing the acts referred to national law applicable by the designated Office
in Article 22, shall so indicate to the designated concerned, furnish such indication or, if applicable,
Office. convert from one kind of protection to another, at
(b) If the applicant wishes the international any later time.
application to be treated, in a designated State in
Rule 49ter
respect of which Article 44 applies, as an application
for the grant of more than one kind of protection
referred to in Article 43, the applicant, when Effect of Restoration of Right of Priority by
performing the acts referred to in Article 22, shall Receiving Office; Restoration of Right of
so indicate to the designated Office and shall Priority By Designated Office
indicate, if applicable, which kind of protection is
sought primarily and which kind is sought 49 ter.1 Effect of Restoration of Right of
subsidiarily. Priority by Receiving Office; Restoration of
(c) In the cases referred to in paragraphs (a) and Right of Priority by Designated Office
(b), if the applicant wishes the international
application to be treated, in a designated State, as an (a) Where the receiving Office has restored a
application for a patent of addition, certificate of right of priority under Rule 26 bis.3 based on a
addition, inventor’s certificate of addition or utility finding by it that the failure to file the international
certificate of addition, the applicant, when application within the priority period occurred in
performing the acts referred to in Article 22, shall spite of due care required by the circumstances
indicate the relevant parent application, parent patent having been taken, that restoration shall, subject to
or other parent grant. paragraph (c), be effective in each designated State.
(d) If the applicant wishes the international (b) Where the receiving Office has restored a
application to be treated, in a designated State, as an right of priority under Rule 26 bis.3 based on a
application for a continuation or a finding by it that the failure to file the international
continuation-in-part of an earlier application, the application within the priority period was
applicant, when performing the acts referred to in unintentional, that restoration shall, subject to
Article 22, shall so indicate to the designated Office paragraph (c), be effective in any designated State
and shall indicate the relevant parent application. whose applicable national law provides for
restoration of the right of priority based on that
(e) Where no express indication under paragraph criterion or on a criterion which, from the viewpoint
(a) is made by the applicant when performing the of applicants, is more favorable than that criterion.
acts referred to in Article 22 but the national fee
referred to in Article 22 paid by the applicant (c) A decision by the receiving Office to restore
corresponds to the national fee for a particular kind a right of priority under Rule 26 bis.3 shall not be
of protection, the payment of that fee shall be effective in a designated State where the designated
considered to be an indication of the wish of the Office, a court or any other competent organ of or
Rev. 08.2017, January 2018 T-86

PATENT COOPERATION TREATY Rule 49ter
acting for that designated State finds that a (i) occurred in spite of due care required by
requirement under Rule 26 bis.3(a), (b)(i) or (c) was the circumstances having been taken; or
not complied with, taking into account the reasons
stated in the request submitted to the receiving Office (ii) was unintentional.
under Rule 26 bis.3(a) and any declaration or other
evidence filed with the receiving Office under Rule Each designated Office shall apply at least one of
26 bis.3(b)(iii). those criteria and may apply both of them.
(d) A designated Office shall not review the (b) A request under paragraph (a) shall:
decision of the receiving Office unless it may (i) be filed with the designated Office within
reasonably doubt that a requirement referred to in a time limit of one month from the applicable time
paragraph (c) was complied with, in which case the limit under Article 22 or, where the applicant makes
designated Office shall notify the applicant an express request to the designated Office under
accordingly, indicating the reasons for that doubt Article 23(2), within a time limit of one month from
and giving the applicant an opportunity to make the date of receipt of that request by the designated
observations within a reasonable time limit. Office;
(e) No designated State shall be bound by a (ii) state the reasons for the failure to file the
decision of the receiving Office refusing a request international application within the priority period
under Rule 26 bis.3 for restoration of the right of and preferably be accompanied by any declaration
priority. or other evidence required under paragraph (c); and
(f) Where the receiving Office has refused a (iii) be accompanied by any fee for
request for the restoration of the right of priority, requesting restoration required under paragraph (d).
any designated Office may consider that request to
be a request for restoration submitted to that (c) The designated Office may require that a
designated Office under Rule 49 ter.2(a) within the declaration or other evidence in support of the
time limit under that Rule. statement of reasons referred to in paragraph (b)(ii)
be filed with it within a time limit which shall be
(g) If, on October 5, 2005, paragraphs (a) to (d) reasonable under the circumstances.
the designated Office, those paragraphs shall not (d) The submission of a request under
apply in respect of that Office for as long as they paragraph (a) may be subjected by the designated
continue not to be compatible with that law, provided Office to the payment to it, for its own benefit, of a
that the said Office informs the International Bureau fee for requesting restoration.
accordingly by April 5, 2006. The information (e) The designated Office shall not refuse, totally
received shall be promptly published by the or in part, a request under paragraph (a) without
International Bureau in the Gazette. giving the applicant the opportunity to make
observations on the intended refusal within a time
49 ter.2 Restoration of Right of Priority by limit which shall be reasonable under the
Designated Office circumstances. Such notice of intended refusal may
be sent by the designated Office to the applicant
(a) Where the international application claims together with any invitation to file a declaration or
the priority of an earlier application and has an other evidence under paragraph (c).
on which the priority period expired but within the (f) Where the national law applicable by the
period of two months from that date, the designated designated Office provides, in respect of the
Office shall, on the request of the applicant in restoration of the right of priority, for requirements
accordance with paragraph (b), restore the right of which, from the viewpoint of applicants, are more
priority if the Office finds that a criterion applied by favorable than the requirements provided for under
it (“criterion for restoration”) is satisfied, namely, paragraphs (a) and (b), the designated Office may,
that the failure to file the international application when determining the right of priority, apply the
within the priority period: requirements under the applicable national law
instead of the requirements under those paragraphs.
T-87 Rev. 08.2017, January 2018

(g) Each designated Office shall inform the Rule 51

International Bureau of which of the criteria for
restoration it applies, of the requirements, where Review by Designated Offices
applicable, of the national law applicable in
accordance with paragraph (f), and of any subsequent
changes in that respect. The International Bureau 51.1 Time Limit for Presenting the Request
shall promptly publish such information in the to Send Copies
Gazette.
The time limit referred to in Article 25(1)(c) shall
(h) If, on October 5, 2005, paragraphs (a) to (g)
be two months computed from the date of the
notification sent to the applicant under Rule 20.4(i),
the designated Office, those paragraphs shall not
24.2(c) or 29.1(ii).
apply in respect of that Office for as long as they
continue not to be compatible with that law, provided
that the said Office informs the International Bureau
51.2 Copy of the Notification
received shall be promptly published by the Where the applicant, after having received a negative
International Bureau in the Gazette. determination under Article 11(1), requests the
International Bureau, under Article 25(1), to send
Rule 50 copies of the file of the purported international
application to any of the named Offices he has
Faculty Under Article 22(3) attempted to designate, he shall attach to his request
a copy of the notification referred to in Rule 20.4(i).
50.1 Exercise of Faculty
51.3 Time Limit for Paying National Fee and
(a) Any Contracting State allowing a time limit Furnishing Translation
expiring later than the time limits provided for in
Article 22(1) or (2) shall notify the International The time limit referred to in Article 25(2)(a) shall
Bureau of the time limits so fixed. expire at the same time as the time limit prescribed
(b) Any notification received by the International in Rule 51.1.
Bureau under paragraph (a) shall be promptly
published by the International Bureau in the Gazette. Rule 51bis
(c) Notifications concerning the shortening of
the previously fixed time limit shall be effective in Certain National Requirements Allowed
relation to international applications filed after the under Article 27
expiration of three months computed from the date
on which the notification was published by the 51 bis.1 Certain National Requirements
International Bureau. Allowed
(d) Notifications concerning the lengthening of
the previously fixed time limit shall become effective (a) Subject to Rule 51 bis.2, the national law
upon publication by the International Bureau in the applicable by the designated Office may, in
Gazette in respect of international applications accordance with Article 27, require the applicant to
pending at the time or filed after the date of such furnish, in particular:
publication, or, if the Contracting State effecting the (i) any document relating to the identity of
notification fixes some later date, as from the latter the inventor,
date. (ii) any document relating to the applicant’s
entitlement to apply for or be granted a patent,
(iii) any document containing any proof of
the applicant’s entitlement to claim priority of an
earlier application where the applicant is not the
Rev. 08.2017, January 2018 T-88

applicant who filed the earlier application or where by the designated Office may also require the
the applicant’s name has changed since the date on applicant to furnish, in the case of a part of the
which the earlier application was filed, description, claims or drawings, an indication as to
(iv) where the international application where that part is contained in the translation of the
designates a State whose national law requires, on priority document.
October 9, 2012, the furnishing of an oath or (f) [Deleted]
declaration of inventorship, any document containing
an oath or declaration of inventorship, 51 bis.2 Certain Circumstances in Which
Documents or Evidence May Not Be
(v) any evidence concerning non-prejudicial Required
disclosures or exceptions to lack of novelty, such as
disclosures resulting from abuse, disclosures at
The designated Office shall not, unless it may
certain exhibitions and disclosures by the applicant
reasonably doubt the veracity of the indications or
during a certain period of time;
declaration concerned, require any document or
(vi) the confirmation of the international evidence:
application by the signature of any applicant for the
designated State who has not signed the request; (i) relating to the identity of the inventor (Rule
(vii) any missing indication required under 51 bis.1(a)(i)) (other than a document containing an
Rule 4.5(a)(ii) and (iii) in respect of any applicant oath or declaration of inventorship (Rule
for the designated State. 51 bis.1(a)(iv)), if indications concerning the
inventor, in accordance with Rule 4.6, are contained
(d) The national law applicable by the designated in the request or if a declaration as to the identity of
Office may, in accordance with Article 27(2)(ii), the inventor, in accordance with Rule 4.17(i), is
require that the translation of the international contained in the request or is submitted directly to
application furnished by the applicant under Article the designated Office;
22 be:
(ii) relating to the applicant’s entitlement, as at
(i) verified by the applicant or the person the international filing date, to apply for and be
having translated the international application in a granted a patent (Rule 51 bis.1(a)(ii)), if a declaration
statement to the effect that, to the best of his as to that matter, in accordance with Rule 4.17(ii),
knowledge, the translation is complete and faithful; is contained in the request or is submitted directly
(ii) certified by a public authority or sworn to the designated Office;
translator, but only where the designated Office may (iii) relating to the applicant’s entitlement, as at
reasonably doubt the accuracy of the translation. the international filing date, to claim priority of an
(e) The national law applicable by the earlier application (Rule 51 bis.1(a)(iii)), if a
designated Office may, in accordance with declaration as to that matter, in accordance with Rule
Article 27, require the applicant to furnish a 4.17(iii), is contained in the request or is submitted
translation of the priority document, provided that directly to the designated Office;
such a translation may only be required: (iv) containing an oath or declaration of
(i) where the validity of the priority claim is inventorship (Rule 51 bis.1(a)(iv)), if a declaration
relevant to the determination of whether the of inventorship, in accordance with Rule 4.17(iv),
invention concerned is patentable; or is contained in the request or is submitted directly
to the designated Office.
(ii) where the international filing date has
been accorded by the receiving Office under (b) Where the applicable national law requires
Rule 20.3(b)(ii) or 20.5(d) on the basis of the that national applications be filed by the inventor,
incorporation by reference under Rules 4.18 and 20.6 the designated Office shall not, unless it may
of an element or part, for the purposes of determining reasonably doubt the veracity of the indications or
under Rule 82 ter.1(b) whether that element or part declaration concerned, require any document or
is completely contained in the priority document evidence:
concerned, in which case the national law applicable
T-89 Rev. 08.2017, January 2018

(i) relating to the identity of the inventor which the requirements under Article 22 must be
(Rule 51 bis.1(a)(i)) (other than a document complied with, the applicant shall have an
containing an oath or declaration of inventorship opportunity to comply with the requirement after
(Rule 51 bis.1(a)(iv)), if indications concerning the the expiration of that period.
inventor, in accordance with Rule 4.6, are contained (c) If, on March 17, 2000, paragraph (a) is not
in the request; compatible with the national law applied by the
(ii) relating to the applicant’s entitlement, as designated Office in relation to the time limit
at the international filing date, to claim priority of referred to in that paragraph, the said paragraph shall
an earlier application (Rule 51 bis.1(a)(iii)), if a not apply in respect of that Office in relation to that
declaration as to that matter, in accordance with Rule time limit for as long as the said paragraph continues
4.17(iii), is contained in the request or is submitted not to be compatible with that law, provided that the
directly to the designated Office; said Office informs the International Bureau
accordingly by November 30, 2000. The information
(iii) containing an oath or declaration of received shall be promptly published by the
inventorship (Rule 51 bis.1(a)(iv)), if a declaration International Bureau in the Gazette.
of inventorship, in accordance with Rule 4.17(iv),
is contained in the request or is submitted directly Rule 52
to the designated Office.
(c) If, on March 17, 2000, paragraph (a) is not Amendment of the Claims, the Description,
compatible, in relation to any item of that paragraph, and the Drawings, Before Designated Offices
with the national law applied by the designated
Office, paragraph (a) shall not apply in respect of 52.1 Time Limit
that Office in relation to that item for as long as it
continues not to be compatible with that law, (a) In any designated State in which processing
provided that the said Office informs the or examination starts without special request, the
International Bureau accordingly by November 30, applicant shall, if he so wishes, exercise the right
2000. The information received shall be promptly under Article 28 within one month from the
published by the International Bureau in the Gazette. fulfillment of the requirements under Article 22,
provided that, if the communication under Rule 47.1
51 bis.3 Opportunity to Comply with has not been effected by the expiration of the time
National Requirements limit applicable under Article 22, he shall exercise
the said right not later than four months after such
(a) Where any of the requirements referred to in expiration date. In either case, the applicant may
Rule 51 bis.1(a)(i) to (iv) and (c) to (e), or any other exercise the said right at any later time if so
requirement of the national law applicable by the permitted by the national law of the said State.
designated Office which that Office may apply in
accordance with Article 27(1) or (2), is not already (b) In any designated State in which the national
fulfilled during the same period within which the law provides that examination starts only on special
requirements under Article 22 must be complied request, the time limit within or the time at which
with, the designated Office shall invite the applicant the applicant may exercise the right under Article
to comply with the requirement within a time limit 28 shall be the same as that provided by the national
which shall not be less than two months from the law for the filing of amendments in the case of the
date of the invitation. Each designated Office may examination, on special request, of national
require that the applicant pay a fee for complying applications, provided that such time limit shall not
with national requirements in response to the expire prior to, or such time shall not come before,
invitation. the expiration of the time limit applicable under
paragraph (a).
(b) Where any requirement of the national law
applicable by the designated Office which that Office Part C
may apply in accordance with Article 27(6) or (7)
is not already fulfilled during the same period within Rules Concerning Chapter II of the Treaty
Rev. 08.2017, January 2018 T-90

Rule 53 53.5 Agent or Common Representative
The Demand If an agent or common representative is appointed,

the demand shall so indicate. Rules 4.4 and 4.16
53.1 Form shall apply, and Rule 4.7 shall apply mutatis
mutandis.
(a) The demand shall be made on a printed form
or be presented as a computer print-out. The 53.6 Identification of the International
particulars of the printed form and of a demand Application
presented as a computer printout shall be prescribed
by the Administrative Instructions. The international application shall be identified by
(b) Copies of printed demand forms shall be the name and address of the applicant, the title of
furnished free of charge by the receiving Office or the invention, the international filing date (if known
by the International Preliminary Examining to the applicant) and the international application
Authority. number or, where such number is not known to the
applicant, the name of the receiving Office with
(c) [Deleted] which the international application was filed.
53.2 Contents
53.7 Election of States
(a) The demand shall contain:
(i) a petition, The filing of a demand shall constitute the election
of all Contracting States which are designated and
(ii) indications concerning the applicant and are bound by Chapter II of the Treaty.
the agent if there is an agent,
(iii) indications concerning the international 53.8 Signature
application to which it relates,
(iv) where applicable, a statement concerning The demand shall be signed by the applicant or, if
amendments. there is more than one applicant, by all applicants
making the demand.
(b) The demand shall be signed.
53.3 The Petition 53.9 Statement Concerning Amendments
The petition shall be to the following effect and shall (a) If amendments under Article 19 have been
preferably be worded as follows: “Demand under made, the statement concerning amendments shall
Article 31 of the Patent Cooperation Treaty: The indicate whether, for the purposes of the international
undersigned requests that the international preliminary examination, the applicant wishes those
application specified below be the subject of amendments:
international preliminary examination according to (i) to be taken into account, in which case a
the Patent Cooperation Treaty.” copy of the amendments and of the letter required
under Rule 46.5(b) shall preferably be submitted
53.4 The Applicant with the demand; or
(ii) to be considered as reversed by an
As to the indications concerning the applicant, Rules amendment under Article 34.
4.4 and 4.16 shall apply, and Rule 4.5 shall apply
mutatis mutandis. (b) If no amendments under Article 19 have been
made and the time limit for filing such amendments
has not expired, the statement may indicate that,
should the International Preliminary Examining
Authority wish to start the international preliminary
T-91 Rev. 08.2017, January 2018

examination at the same time as the international 54.3 International Applications Filed with
search in accordance with Rule 69.1(b), the applicant the International Bureau as Receiving Office
wishes the start of the international preliminary
examination to be postponed in accordance with
Where the international application is filed with the
Rule 69.1(d).
International Bureau as receiving Office under Rule
(c) If any amendments under Article 34 are 19.1(a)(iii), the International Bureau shall, for the
submitted with the demand, the statement shall so purposes of Article 31(2)(a), be considered to be
indicate. acting for the Contracting State of which the
applicant is a resident or national.
Rule 54
54.4 Applicant Not Entitled to Make a
The Applicant Entitled to Make a Demand
Demand
54.1 Residence and Nationality If the applicant does not have the right to make a
demand or, in the case of two or more applicants, if
(a) Subject to the provisions of paragraph (b),
none of them has the right to make a demand under
the residence or nationality of the applicant shall,
Rule 54.2, the demand shall be considered not to
for the purposes of Article 31(2), be determined
have been submitted.
according to Rule 18.1(a) and (b).
(b) The International Preliminary Examining Rule 54bis
Authority shall, in the circumstances specified in the
Administrative Instructions, request the receiving
Time Limit for Making a Demand
Office or, where the international application was
filed with the International Bureau as receiving
Office, the national Office of, or acting for, the 54 bis.1 Time Limit for Making a Demand
Contracting State concerned to decide the question
whether the applicant is a resident or national of the (a) A demand may be made at any time prior to
Contracting State of which he claims to be a resident the expiration of whichever of the following periods
or national. The International Preliminary Examining expires later:
Authority shall inform the applicant of any such (i) three months from the date of transmittal
request. The applicant shall have an opportunity to to the applicant of the international search report or
submit arguments directly to the Office concerned. the declaration referred to in Article 17(2)(a), and
The Office concerned shall decide the said question of the written opinion established under Rule
promptly. 43 bis.1; or
54.2 Right to Make a Demand (ii) 22 months from the priority date.
(b) Any demand made after the expiration of the
The right to make a demand under Article 31(2) shall time limit applicable under paragraph (a) shall be
exist if the applicant making the demand or, if there considered as if it had not been submitted and the
are two or more applicants, at least one of them is a International Preliminary Examining Authority shall
resident or national of a Contracting State bound by so declare.
Chapter II and the international application has been
filed with a receiving Office of or acting for a
Contracting State bound by Chapter II.
(i) [Deleted]
(ii) [Deleted]
Rev. 08.2017, January 2018 T-92

Rule 55 Authority under Rule 23.1(b) and the International

Preliminary Examining Authority is part of the same
Languages (International Preliminary national Office or intergovernmental organization
as the International Searching Authority, the
Examination)
applicant need not furnish a translation under
paragraph (a). In such a case, unless the applicant
55.1 Language of Demand furnishes a translation under paragraph (a), the
international preliminary examination shall be
The demand shall be in the language of the carried out on the basis of the translation transmitted
international application or, if the international under Rule 23.1(b).
application has been filed in a language other than
(c) If a requirement referred to in paragraphs (a),
the language in which it is published, in the language
(a- bis ) and (a- ter ) is not complied with and
of publication. However, if a translation of the
paragraph (b) does not apply, the International
international application is required under Rule 55.2,
Preliminary Examining Authority shall invite the
the demand shall be in the language of that
applicant to furnish the required translation or the
translation.
required correction, as the case may be, within a
time limit which shall be reasonable under the
55.2 Translation of International Application circumstances. That time limit shall not be less than
one month from the date of the invitation. It may be
(a) Where neither the language in which the
extended by the International Preliminary Examining
international application is filed nor the language in
Authority at any time before a decision is taken.
which the international application is published is
accepted by the International Preliminary Examining (d) If the applicant complies with the invitation
Authority that is to carry out the international within the time limit under paragraph (c), the said
preliminary examination, the applicant shall, subject requirement shall be considered to have been
to paragraph (b), furnish with the demand a complied with. If the applicant fails to do so, the
translation of the international application into a demand shall be considered not to have been
language which is both: submitted and the International Preliminary
Examining Authority shall so declare.
(i) a language accepted by that Authority,
and 55.3 Language and Translation of
(ii) a language of publication. Amendments and Letters
(a-bis) A translation of the international (a) Subject to paragraph (b), if the international
application into a language referred to in paragraph application has been filed in a language other than
(a) shall include any element referred to in Article the language in which it is published, any
11(1)(iii)(d) or (e) furnished by the applicant under amendment under Article 34, as well as any letter
Rule 20.3(b) or 20.6(a) and any part of the referred to in Rule 66.8(a), Rule 66.8(b) and Rule
description, claims or drawings furnished by the 46.5(b) as applicable by virtue of Rule 66.8(c), shall
applicant under Rule 20.5(b) or 20.6(a) which is be submitted in the language of publication.
considered to have been contained in the
international application under Rule 20.6(b). (b) Where a translation of the international
application is required under Rule 55.2:
(a-ter) The International Preliminary Examining
Authority shall check any translation furnished under (i) any amendment and any letter referred to
paragraph (a) for compliance with the physical in paragraph (a); and
requirements referred to in Rule 11 to the extent that (ii) any amendment under Article 19 which
compliance therewith is necessary for the purposes is to be taken into account under Rule 66.1(c) or (d)
of the international preliminary examination. and any letter referred to in Rule 46.5(b);
(b) Where a translation of the international
application into a language referred to in paragraph shall be in the language of that translation. Where
(a) was transmitted to the International Searching such amendments or letters have been or are
T-93 Rev. 08.2017, January 2018

submitted in another language, a translation shall (c) Where the prescribed currency is the Swiss
also be submitted. franc, the Authority shall promptly transfer the said
(c) If an amendment or letter is not submitted in fee to the International Bureau in Swiss francs.
a language as required under paragraph (a) or (b), (d) Where the prescribed currency is a currency
the International Preliminary Examining Authority other than the Swiss franc and that currency:
shall invite the applicant to submit the amendment (i) is freely convertible into Swiss francs, the
or letter in the required language within a time limit Director General shall establish, for each Authority
which shall be reasonable under the circumstances. which prescribes such a currency for the payment
That time limit shall not be less than one month from of the handling fee, an equivalent amount of that fee
the date of the invitation. It may be extended by the in the prescribed currency according to directives
International Preliminary Examining Authority at given by the Assembly, and the amount in that
any time before a decision is taken. currency shall promptly be transferred by the
(d) If the applicant fails to comply, within the Authority to the International Bureau;
time limit under paragraph (c), with the invitation (ii) is not freely convertible into Swiss francs,
to furnish an amendment in the required language, the Authority shall be responsible for the conversion
the amendment shall not be taken into account for of the handling fee from the prescribed currency into
the purposes of the international preliminary Swiss francs and shall promptly transfer that fee in
examination. If the applicant fails to comply, within Swiss francs, in the amount set out in the Schedule
the time limit under paragraph (c), with the invitation of Fees, to the International Bureau. Alternatively,
to furnish a letter referred to in paragraph (a) in the if the Authority so wishes, it may convert the
required language, the amendment concerned need handling fee from the prescribed currency into euros
not be taken into account for the purposes of the or US dollars and promptly transfer the equivalent
international preliminary examination. amount of that fee in euros or US dollars, as
Rule 56 established by the Director General according to
directives given by the Assembly as referred to in
[Deleted] item (i), to the International Bureau.
57.3 Time Limit for Payment; Amount
Rule 57 Payable
The Handling Fee (a) Subject to paragraphs (b) and (c), the
handling fee shall be paid within one month from
57.1 Requirement to Pay the date on which the demand was submitted or 22
months from the priority date, whichever expires
later.
Each demand for international preliminary
examination shall be subject to the payment of a fee (b) Subject to paragraph (c), where the demand
for the benefit of the International Bureau (“handling was transmitted to the International Preliminary
fee”) to be collected by the International Preliminary Examining Authority under Rule 59.3, the handling
Examining Authority to which the demand is fee shall be paid within one month from the date of
submitted. receipt by that Authority or 22 months from the
priority date, whichever expires later.
57.2 Amount (c) Where, in accordance with Rule 69.1(b), the
International Preliminary Examining Authority
(a) The amount of the handling fee is as set out wishes to start the international preliminary
in the Schedule of Fees. examination at the same time as the international
(b) The handling fee shall be payable in the search, that Authority shall invite the applicant to
currency or one of the currencies prescribed by the pay the handling fee within one month from the date
International Preliminary Examining Authority of the invitation.
("prescribed currency").
Rev. 08.2017, January 2018 T-94

(d) The amount of the handling fee payable shall national Office, it shall be payable in the currency
be the amount applicable on the date of payment. prescribed by that Office, and where the Authority
is an intergovernmental organization, it shall be
57.4 Refund payable in the currency of the State in which the
intergovernmental organization is located or in any
The International Preliminary Examining Authority other currency which is freely convertible into the
shall refund the handling fee to the applicant: currency of the said State.
(i) if the demand is withdrawn before the 58.2 [Deleted]
demand has been sent by that Authority to the
International Bureau, or 58.3 Refund
(ii) if the demand is considered, under Rule 54.4
or 54 bis.1(b), not to have been submitted. The International Preliminary Examining Authorities
shall inform the International Bureau of the extent,
57.5 [Deleted] if any, to which, and the conditions, if any, under
which, they will refund any amount paid as a
57.6 Refund preliminary examination fee where the demand is
considered as if it had not been submitted, and the
The International Preliminary Examining Authority International Bureau shall promptly publish such
shall refund the handling fee to the applicant: information.
(i) if the demand is withdrawn before the Rule 58bis

demand has been sent by that Authority to the
International Bureau, or Extension of Time Limits for Payment of Fees
(ii) if the demand is considered, under Rule 54.4
or 54 bis.1(b), not to have been submitted. 58 bis.1 Invitation by the International
Rule 58 Preliminary Examining Authority
(a) Where the International Preliminary

The Preliminary Examination Fee Examining Authority finds:
58.1 Right to Ask for a Fee (i) that the amount paid to it is insufficient
to cover the handling fee and the preliminary
(a) Each International Preliminary Examining examination fee; or
Authority may require that the applicant pay a fee (ii) by the time they are due under Rules 57.3
(“preliminary examination fee”) for its own benefit and 58.1(b), that no fees were paid to it; the
for carrying out the international preliminary Authority shall invite the applicant to pay to it the
examination and for performing all other tasks amount required to cover those fees, together with,
entrusted to International Preliminary Examining where applicable, the late payment fee under Rule
Authorities under the Treaty and these Regulations. 58 bis.2, within a time limit of one month from the
(b) The amount of the preliminary examination date of the invitation.
fee, if any, shall be fixed by the International (b) Where the International Preliminary
Preliminary Examining Authority. As to the time Examining Authority has sent an invitation under
limit for payment of the preliminary examination paragraph (a) and the applicant has not, within the
fee and the amount payable, the provisions of Rule time limit referred to in that paragraph, paid in full
57.3 relating to the handling fee shall apply mutatis the amount due, including, where applicable, the late
mutandis. payment fee under Rule 58 bis.2, the demand shall,
(c) The preliminary examination fee shall be subject to paragraph (c), be considered as if it had
payable directly to the International Preliminary not been submitted and the International Preliminary
Examining Authority. Where that Authority is a Examining Authority shall so declare.
T-95 Rev. 08.2017, January 2018

(c) Any payment received by the International the provisions of Rule 35.2 shall apply mutatis
Preliminary Examining Authority before that mutandis.
Authority sends the invitation under paragraph (a) (b) Where the international application was filed
shall be considered to have been received before the with the International Bureau as receiving Office
expiration of the time limit under Rule 57.3 or under Rule 19.1(a)(iii), Rule 35.3(a) and (b) shall
58.1(b), as the case may be. apply mutatis mutandis. Paragraph (a) of this Rule
(d) Any payment received by the International shall not apply to the International Bureau as
Preliminary Examining Authority before that receiving Office under Rule 19.1(a)(iii).
Authority proceeds under paragraph (b) shall be
considered to have been received before the 59.2 Demands Under Article 31(2)(b)
expiration of the time limit under paragraph (a).
As to demands made under Article 31(2)(b), the
58 bis.2 Late Payment Fee Assembly, in specifying the International
Preliminary Examining Authority competent for
(a) The payment of fees in response to an international applications filed with a national Office
invitation under Rule 58 bis.1(a) may be subjected which is an International Preliminary Examining
by the International Preliminary Examining Authority, shall give preference to that Authority;
Authority to the payment to it, for its own benefit, if the national Office is not an International
of a late payment fee. The amount of that fee shall Preliminary Examining Authority, the Assembly
be: shall give preference to the International Preliminary
(i) 50% of the amount of unpaid fees which Examining Authority recommended by that Office.
is specified in the invitation, or,
(ii) if the amount calculated under item (i) is
59.3 Transmittal of the Demand to the
less than the handling fee, an amount equal to the Competent International Preliminary
handling fee. Examining Authority
(b) The amount of the late payment fee shall not, (a) If the demand is submitted to a receiving
however, exceed double the amount of the handling Office, an International Searching Authority, or an
fee. International Preliminary Examining Authority
Rule 59 which is not competent for the international
preliminary examination of the international
application, that Office or Authority shall mark the
The Competent International Preliminary
date of receipt on the demand and, unless it decides
Examining Authority to proceed under paragraph (f), transmit the demand
promptly to the International Bureau.
59.1 Demands Under Article 31(2)(a)
(b) If the demand is submitted to the
(a) For demands made under Article 31(2)(a), International Bureau, the International Bureau shall
each receiving Office of or acting for a Contracting mark the date of receipt on the demand.
State bound by the provisions of Chapter II shall, in (c) Where the demand is transmitted to the
accordance with the terms of the applicable International Bureau under paragraph (a) or
agreement referred to in Article 32(2) and (3), inform submitted to it under paragraph (b), the International
the International Bureau which International Bureau shall promptly:
Preliminary Examining Authority is or which
(i) if there is only one competent
International Preliminary Examining Authorities are
International Preliminary Examining Authority,
competent for the international preliminary
transmit the demand to that Authority and inform
examination of international applications filed with
the applicant accordingly, or
it. The International Bureau shall promptly publish
such information. Where several International (ii) if two or more International Preliminary
Preliminary Examining Authorities are competent, Examining Authorities are competent, invite the
applicant to indicate, within the time limit applicable
Rev. 08.2017, January 2018 T-96

under Rule 54 bis.1(a) or 15 days from the date of (a-ter) For the purposes of Rule 53.8, if there
the invitation, whichever is later, the competent are two or more applicants, it shall be sufficient that
International Preliminary Examining Authority to the demand be signed by one of them.
which the demand should be transmitted. (b) If the applicant complies with the invitation
(d) Where an indication is furnished as required within the time limit under paragraph (a), the demand
under paragraph (c)(ii), the International Bureau shall be considered as if it had been received on the
shall promptly transmit the demand to the competent actual filing date, provided that the demand as
International Preliminary Examining Authority submitted permitted the international application to
indicated by the applicant. Where no indication is be identified; otherwise, the demand shall be
so furnished, the demand shall be considered not to considered as if it had been received on the date on
have been submitted and the International Bureau which the International Preliminary Examining
shall so declare. Authority receives the correction.
(e) Where the demand is transmitted to a (c) If the applicant does not comply with the
competent International Preliminary Examining invitation within the time limit under paragraph (a),
Authority under paragraph (c), it shall be considered the demand shall be considered as if it had not been
to have been received on behalf of that Authority on submitted and the International Preliminary
the date marked on it under paragraph (a) or (b), as Examining Authority shall so declare.
applicable, and the demand so transmitted shall be (d) [Deleted]
considered to have been received by that Authority (e) If the defect is noticed by the International
on that date. Bureau, it shall bring the defect to the attention of
(f) Where an Office or Authority to which the the International Preliminary Examining Authority,
demand is submitted under paragraph (a) decides to which shall then proceed as provided in paragraphs
transmit that demand directly to the competent (a) to (c).
International Preliminary Examining Authority, (f) If the demand does not contain a statement
paragraphs (c) to (e) shall apply mutatis mutandis. concerning amendments, the International
Rule 60 Preliminary Examining Authority shall proceed as
provided for in Rules 66.1 and 69.1(a) or (b).
Certain Defects in the Demand (g) Where the statement concerning amendments
contains an indication that amendments under Article
60.1 Defects in the Demand 34 are submitted with the demand (Rule 53.9(c)) but
no such amendments are, in fact, submitted, the
(a) Subject to paragraphs (a -bis) and (a- ter), if International Preliminary Examining Authority shall
the demand does not comply with the requirements invite the applicant to submit the amendments within
specified in Rules 53.1, 53.2(a)(i) to (iii), 53.2(b), a time limit fixed in the invitation and shall proceed
53.3 to 53.8 and 55.1, the International Preliminary as provided for in Rule 69.1(e).
Examining Authority shall invite the applicant to
60.2 [Deleted]
correct the defects within a time limit which shall
be reasonable under the circumstances. That time
limit shall not be less than one month from the date Rule 61
of the invitation. It may be extended by the
International Preliminary Examining Authority at Notification of the Demand and Elections
any time before a decision is taken.
(a-bis) For the purposes of Rule 53.4, if there 61.1 Notification to the International Bureau
are two or more applicants, it shall be sufficient that and the Applicant
the indications referred to in Rule 4.5(a)(ii) and (iii)
be provided in respect of one of them who has the (a) The International Preliminary Examining
right according to Rule 54.2 to make a demand. Authority shall indicate on the demand the date of
receipt or, where applicable, the date referred to in
T-97 Rev. 08.2017, January 2018

Rule 60.1(b). The International Preliminary 61.4 Publication in the Gazette

Examining Authority shall promptly either send the
demand to the International Bureau and keep a copy The International Bureau shall, promptly after the
in its files or send a copy to the International Bureau filing of the demand but not before the international
and keep the demand in its files. publication of the international application, publish
(b) The International Preliminary Examining in the Gazette information on the demand and the
Authority shall promptly notify the applicant of the elected States concerned, as provided in the
date of receipt of the demand. Where the demand Administrative Instructions.
has been considered under Rules 54.4, 55.2(d),
58 bis.1(b) or 60.1(c) as if it had not been submitted, Rule 62
shall notify the applicant and the International Copy of the Written Opinion by the
Bureau accordingly. International Searching Authority and of
(c) [Deleted] Amendments under Article 19 for the
61.2 Notification to the Elected Offices International Preliminary Examining
Authority
(a) The notification provided for in Article 31(7)
shall be effected by the International Bureau. 62.1 Copy of Written Opinion by
(b) The notification shall indicate the number International Searching Authority and of
and filing date of the international application, the Amendments Made before the Demand Is
name of the applicant, the filing date of the Filed
application whose priority is claimed (where priority
is claimed) and the date of receipt by the Upon receipt of a demand, or a copy thereof, from
International Preliminary Examining Authority of the International Preliminary Examining Authority,
the demand. the International Bureau shall promptly transmit to
that Authority:
(c) The notification shall be sent to the elected
Office together with the communication provided
(i) a copy of the written opinion established
for in Article 20. Elections effected after such
under Rule 43 bis.1, unless the national Office or
communication shall be notified promptly after they
intergovernmental organization that acted as
have been made.
International Searching Authority is also acting as
(d) Where the applicant makes an express International Preliminary Examining Authority; and
request to an elected Office under Article 40(2) prior
(ii) a copy of any amendment under Article 19,
to the international publication of the international
any statement referred to in that Article, and the
application, the International Bureau shall, upon
letter required under Rule 46.5(b), unless that
request of the applicant or the elected Office,
Authority has indicated that it has already received
promptly effect the communication provided for in
such a copy.
Article 20 to that Office.
62.2 Amendments Made after the Demand
61.3 Information for the Applicant
Is Filed
The International Bureau shall inform the applicant
If, at the time of filing any amendments under Article
in writing of the notification referred to in Rule 61.2
19, a demand has already been submitted, the
and of the elected Offices notified under Article
applicant shall preferably, at the same time as he
31(7).
files the amendments with the International Bureau,
also file with the International Preliminary
Examining Authority a copy of such amendments,
any statement referred to in that Article and the letter
required under Rule 46.5(b). In any case, the
Rev. 08.2017, January 2018 T-98

International Bureau shall promptly transmit a copy (iii) that Office or organization must have a staff
of such amendment, statement and letter to that which is capable of examining in the required
Authority. technical fields and which has the language facilities
to understand at least those languages in which the
Rule 62bis minimum documentation referred to in Rule 34 is
written or is translated;
Translation for the International Preliminary (iv) that Office or organization must have in
Examining Authority of the Written Opinion place a quality management system and internal
of the International Searching Authority review arrangements in accordance with the common
rules of international preliminary examination;
62 bis.1 Translation and Observations (v) that Office or organization must hold an
appointment as an International Searching Authority.
(a) Upon request of the International Preliminary
Examining Authority, the written opinion established
Rule 64
under Rule 43 bis.1 shall, when not in English or in
a language accepted by that Authority, be translated Prior Art for International Preliminary
into English by or under the responsibility of the Examination
(b) The International Bureau shall transmit a 64.1 Prior Art
copy of the translation to the International
(a) For the purposes of Article 33(2) and (3),
Preliminary Examining Authority within two months
everything made available to the public anywhere
from the date of receipt of the request for translation,
in the world by means of written disclosure
and shall at the same time transmit a copy to the
(including drawings and other illustrations) shall be
applicant.
considered prior art provided that such making
(c) The applicant may make written observations available occurred prior to the relevant date.
as to the correctness of the translation and shall send
(b) For the purposes of paragraph (a), the
a copy of the observations to the International
relevant date shall be:
Preliminary Examining Authority and to the
International Bureau. (i) subject to items (ii) and (iii), the
international filing date of the international
Rule 63 application under international preliminary
examination;
Minimum Requirements for International
(ii) where the international application under
Preliminary Examining Authorities international preliminary examination claims the
priority of an earlier application and has an
63.1 Definition of Minimum Requirements international filing date which is within the priority
period, the filing date of such earlier application,
The minimum requirements referred to in Article unless the International Preliminary Examining
32(3) shall be the following: Authority considers that the priority claim is not
valid;
(i) the national Office or intergovernmental
organization must have at least 100 full-time (iii) where the international application under
employees with sufficient technical qualifications international preliminary examination claims the
to carry out examinations; priority of an earlier application and has an
(ii) that Office or organization must have at its on which the priority period expired but within the
ready disposal at least the minimum documentation period of two months from that date, the filing date
referred to in Rule 34, properly arranged for of such earlier application, unless the International
examination purposes; Preliminary Examining Authority considers that the
priority claim is not valid for reasons other than the
T-99 Rev. 08.2017, January 2018

fact that the international application has an thereof taken separately but also its relation to
international filing date which is later than the date combinations of such documents or parts of
on which the priority period expired. documents, where such combinations are obvious
to a person skilled in the art.
64.2 Non-Written Disclosures
65.2 Relevant Date
In cases where the making available to the public
occurred by means of an oral disclosure, use, For the purposes of Article 33(3), the relevant date
exhibition or other non-written means (“non-written for the consideration of inventive step
disclosure”) before the relevant date as defined in (non-obviousness) is the date prescribed in Rule
Rule 64.1(b) and the date of such non-written 64.1.
disclosure is indicated in a written disclosure which
has been made available to the public on a date
Rule 66
which is the same as, or later than, the relevant date,
the non-written disclosure shall not be considered
part of the prior art for the purposes of Article 33(2) Procedure before the International
and (3). Nevertheless, the international preliminary Preliminary Examining Authority
examination report shall call attention to such
non-written disclosure in the manner provided for 66.1 Basis of the International Preliminary
in Rule 70.9. Examination
64.3 Certain Published Documents (a) Subject to paragraphs (b) to (d), the
international preliminary examination shall be based
In cases where any application or any patent which on the international application as filed.
would constitute prior art for the purposes of Article (b) The applicant may submit amendments under
33(2) and (3) had it been published prior to the Article 34 at the time of filing the demand or, subject
relevant date referred to in Rule 64.1 was published to Rule 66.4 bis , until the international preliminary
on a date which is the same as, or later than, the examination report is established.
relevant date but was filed earlier than the relevant
(c) Any amendments under Article 19 made
date or claimed the priority of an earlier application
before the demand was filed shall be taken into
which had been filed prior to the relevant date, such
account for the purposes of the international
published application or patent shall not be
preliminary examination unless superseded, or
considered part of the prior art for the purposes of
considered as reversed, by an amendment under
Article 33(2) and (3). Nevertheless, the international
Article 34.
preliminary examination report shall call attention
to such application or patent in the manner provided (d) Any amendments under Article 19 made after
for in Rule 70.10. the demand was filed and any amendments under
Article 34 submitted to the International Preliminary
Rule 65 Examining Authority shall, subject to Rule 66.4 bis
, be taken into account for the purposes of the
international preliminary examination.
Inventive Step or Non-Obviousness
(d- bis) A rectification of an obvious mistake
65.1 Approach to Prior Art that is authorized under Rule 91.1 shall, subject to
Rule 66.4 bis , be taken into account by the
For the purposes of Article 33(3), the international International Preliminary Examining Authority for
preliminary examination shall take into consideration the purposes of the international preliminary
the relation of any particular claim to the prior art examination.
as a whole. It shall take into consideration the claim's (e) Claims relating to inventions in respect of
relation not only to individual documents or parts which no international search report has been
Rev. 08.2017, January 2018 T-100

established need not be the subject of international the international search report was established, unless
preliminary examination. it considers that such a search would serve no useful
purpose. If the Authority finds that any of the
66.1 bis Written Opinion of the International
situations referred to in Article 34(3) or (4) or Rule
Searching Authority
66.1(e) exists, the top-up search shall cover only
those parts of the international application that are
(a) Subject to paragraph (b), the written opinion
the subject of international preliminary examination.
established by the International Searching Authority
under Rule 43 bis.1 shall be considered to be a
written opinion of the International Preliminary 66.2 Written Opinion of the International
Examining Authority for the purposes of Rule Preliminary Examining Authority
66.2(a).
(a) If the International Preliminary Examining
(b) An International Preliminary Examining Authority
Authority may notify the International Bureau that
paragraph (a) shall not apply to the procedure before (i) considers that any of the situations
it in respect of written opinions established under referred to in Article 34(4) exists,
Rule 43 bis.1 by the International Searching (ii) considers that the international
Authority or Authorities specified in the notification, preliminary examination report should be negative
provided that such a notification shall not apply to in respect of any of the claims because the invention
cases where the national Office or intergovernmental claimed therein does not appear to be novel, does
organization that acted as International Searching not appear to involve an inventive step (does not
Authority is also acting as International Preliminary appear to be non-obvious), or does not appear to be
Examining Authority. The International Bureau shall industrially applicable,
promptly publish any such notification in the
(iii) notices that there is some defect in the
Gazette.
form or contents of the international application
(c) Where the written opinion established by the under the Treaty or these Regulations,
International Searching Authority under Rule
(iv) considers that any amendment goes
43 bis.1 is not, by virtue of a notification under
beyond the disclosure in the international application
paragraph (b), considered to be a written opinion of
as filed,
for the purposes of Rule 66.2(a), the International (v) wishes to accompany the international
Preliminary Examining Authority shall notify the preliminary examination report by observations on
applicant accordingly in writing. the clarity of the claims, the description, and the
drawings, or the question whether the claims are
(d) A written opinion established by the
fully supported by the description,
International Searching Authority under Rule
43 bis.1 which is not, by virtue of a notification (vi) considers that a claim relates to an
under paragraph (b), considered to be a written invention in respect of which no international search
opinion of the International Preliminary Examining report has been established and has decided not to
Authority for the purposes of Rule 66.2(a) shall carry out the international preliminary examination
nevertheless be taken into account by the in respect of that claim, or
International Preliminary Examining Authority in (vii) considers that a nucleotide and/or amino
proceeding under Rule 66.2(a). acid sequence listing is not available to it in such a
66.1 ter Top-up Searches form that a meaningful international preliminary
examination can be carried out, the said Authority
shall notify the applicant accordingly in writing.
The International Preliminary Examining Authority
Where the national law of the national Office acting
shall conduct a search (“top-up search”) to discover
as International Preliminary Examining Authority
documents referred to in Rule 64 which have been
does not allow multiple dependent claims to be
published or have become available to the said
drafted in a manner different from that provided for
Authority for search subsequent to the date on which
in the second and third sentences of Rule 6.4(a), the
T-101 Rev. 08.2017, January 2018

International Preliminary Examining Authority may, 66.4 bis Consideration of Amendments,

in case of failure to use that manner of claiming, Arguments and Rectifications of Obvious
apply Article 34(4)(b). In such case, it shall notify Mistakes
the applicant accordingly in writing.
(b) The notification shall fully state the reasons Amendments, arguments and rectifications of
for the opinion of the International Preliminary obvious mistakes need not be taken into account by
Examining Authority. the International Preliminary Examining Authority
for the purposes of a written opinion or the
(c) The notification shall invite the applicant to international preliminary examination report if they
submit a written reply together, where appropriate, are received by, authorized by or notified to that
with amendments. Authority, as applicable, after it has begun to draw
(d) The notification shall fix a time limit for the up that opinion or report.
reply. The time limit shall be reasonable under the
circumstances. It shall normally be two months after 66.5 Amendment
the date of notification. In no case shall it be shorter
than one month after the said date. It shall be at least Any change, other than the rectification of an
two months after the said date where the obvious mistake, in the claims, the description, or
international search report is transmitted at the same the drawings, including cancellation of claims,
time as the notification. It shall, subject to paragraph omission of passages in the description, or omission
(e), not be more than three months after the said date. of certain drawings, shall be considered an
(e) The time limit for replying to the notification amendment.
may be extended if the applicant so requests before
its expiration. 66.6 Informal Communications with the
Applicant
66.3 Formal Response to the International
Preliminary Examining Authority
The International Preliminary Examining Authority
(a) The applicant may respond to the invitation may, at any time, communicate informally, over the
referred to in Rule 66.2(c) of the International telephone, in writing, or through personal interviews,
Preliminary Examining Authority by making with the applicant. The said Authority shall, at its
amendments or - if he disagrees with the opinion of discretion, decide whether it wishes to grant more
that Authority - by submitting arguments, as the case than one personal interview if so requested by the
may be, or do both. applicant, or whether it wishes to reply to any
informal written communication from the applicant.
(b) Any response shall be submitted directly to
the International Preliminary Examining Authority. 66.7 Copy and Translation of Earlier
66.4 Additional Opportunity for Submitting Application Whose Priority is Claimed
Amendments or Arguments
(a) If the International Preliminary Examining
(a) If the International Preliminary Examining Authority needs a copy of the earlier application
Authority wishes to issue one or more additional whose priority is claimed in the international
written opinions, it may do so, and Rules 66.2 and application, the International Bureau shall, on
66.3 shall apply. request, promptly furnish such copy. If that copy is
not furnished to the International Preliminary
(b) On the request of the applicant, the Examining Authority because the applicant failed
International Preliminary Examining Authority may to comply with the requirements of Rule 17.1, and
give him one or more additional opportunities to if that earlier application was not filed with that
submit amendments or arguments. Authority in its capacity as a national Office or the
priority document is not available to that Authority
from a digital library in accordance with the
Administrative Instructions, the international
Rev. 08.2017, January 2018 T-102
preliminary examination report may be established Rule 67

as if the priority had not been claimed.
(b) If the application whose priority is claimed Subject Matter Under Article 34(4)(a)(i)
in the international application is in a language other
than the language or one of the languages of the 67.1 Definition
International Preliminary Examining Authority, that
Authority may, where the validity of the priority No International Preliminary Examining Authority
claim is relevant for the formulation of the opinion shall be required to carry out an international
referred to in Article 33(1), invite the applicant to preliminary examination on an international
furnish a translation in the said language or one of application if, and to the extent to which, its subject
the said languages within two months from the date matter is any of the following:
of the invitation. If the translation is not furnished
within that time limit, the international preliminary (i) scientific and mathematical theories,
examination report may be established as if the
priority had not been claimed. (ii) plant or animal varieties or essentially
biological processes for the production of plants and
66.8 Form of Amendments animals, other than microbiological processes and
the products of such processes,
(a) Subject to paragraph (b), when amending the
(iii) schemes, rules, or methods of doing
description or the drawings, the applicant shall be
business, performing purely mental acts, or playing
required to submit a replacement sheet for every
games,
sheet of the international application which, on
account of an amendment, differs from the sheet (iv) methods for treatment of the human or
previously filed. The replacement sheet or sheets animal body by surgery or therapy, as well as
shall be accompanied by a letter which shall draw diagnostic methods,
attention to the differences between the replaced (v) mere presentations of information,
sheets and the replacement sheets, shall indicate the
basis for the amendment in the application as filed (vi) computer programs to the extent that the
and shall preferably also explain the reasons for the International Preliminary Examining Authority is
amendment. not equipped to carry out an international preliminary
examination concerning such programs.
(b) Where the amendment consists in the
deletion of passages or in minor alterations or Rule 68
additions, the replacement sheet referred to in
paragraph (a) may be a copy of the relevant sheet of Lack of Unity of Invention (International
the international application containing the Preliminary Examination)
alterations or additions, provided that the clarity and
direct reproducibility of that sheet are not adversely 68.1 No Invitation to Restrict or Pay
affected. To the extent that any amendment results
in the cancellation of an entire sheet, that amendment Where the International Preliminary Examining
shall be communicated in a letter which shall Authority finds that the requirement of unity of
preferably also explain the reasons for the invention is not complied with and chooses not to
amendment. invite the applicant to restrict the claims or to pay
(c) When amending the claims, Rule 46.5 shall additional fees, it shall proceed with the international
apply mutatis mutandis. The set of claims submitted preliminary examination, subject to Article 34(4)(b)
under Rule 46.5 as applicable by virtue of this and Rule 66.1(e), in respect of the entire international
paragraph shall replace all the claims originally filed application, but shall indicate, in any written opinion
or previously amended under Articles 19 or 34, as and in the international preliminary examination
the case may be. report, that it considers that the requirement of unity
of invention is not fulfilled and it shall specify the
reasons therefor.
T-103 Rev. 08.2017, January 2018

68.2 Invitation to Restrict or Pay text of both the protest and the decision thereon shall
be notified to the elected Offices as an annex to the
Where the International Preliminary Examining international preliminary examination report.
Authority finds that the requirement of unity of (d) The membership of the review body referred
invention is not complied with and chooses to invite to in paragraph (c) may include, but shall not be
the applicant, at his option, to restrict the claims or limited to, the person who made the decision which
to pay additional fees, the invitation shall: is the subject of the protest.
(e) The examination of a protest referred to in
(i) specify at least one possibility of restriction
paragraph (c) may be subjected by the International
which, in the opinion of the International Preliminary
Preliminary Examining Authority to the payment to
Examining Authority, would be in compliance with
it, for its own benefit, of a protest fee. Where the
the applicable requirement;
applicant has not, within the time limit under Rule
(ii) specify the reasons for which the 68.2(v), paid any required protest fee, the protest
international application is not considered as shall be considered not to have been made and the
complying with the requirement of unity of International Preliminary Examining Authority shall
invention; so declare. The protest fee shall be refunded to the
(iii) invite the applicant to comply with the applicant where the review body referred to in
invitation within one month from the date of the paragraph (c) finds that the protest was entirely
invitation; justified.
(iv) indicate the amount of the required 68.4 Procedure in the Case of Insufficient
additional fees to be paid in case the applicant so Restriction of the Claims
chooses; and
(v) invite the applicant to pay, where applicable, If the applicant restricts the claims but not
the protest fee referred to in Rule 68.3(c) within one sufficiently to comply with the requirement of unity
month from the date of the invitation, and indicate of invention, the International Preliminary
the amount to be paid. Examining Authority shall proceed as provided in
Article 34(3)(c).
68.3 Additional Fees
68.5 Main Invention
(a) The amount of the additional fees due for
international preliminary examination under Article
In case of doubt which invention is the main
34(3)(a) shall be determined by the competent
invention for the purposes of Article 34(3)(c), the
International Preliminary Examining Authority.
invention first mentioned in the claims shall be
(b) The additional fees due for international considered the main invention.
preliminary examination under Article 34(3)(a) shall
be payable direct to the International Preliminary Rule 69
Examining Authority.
(c) Any applicant may pay the additional fees Start of and Time Limit for International
under protest, that is, accompanied by a reasoned Preliminary Examination
statement to the effect that the international
application complies with the requirement of unity 69.1 Start of International Preliminary
of invention or that the amount of the required
Examination
additional fees is excessive. Such protest shall be
examined by a review body constituted in the (a) Subject to paragraphs (b) to (e), the
framework of the International Preliminary International Preliminary Examining Authority shall
Examining Authority which, to the extent that it start the international preliminary examination when
finds the protest justified, shall order the total or it is in possession of all of the following:
partial reimbursement to the applicant of the
additional fees. On the request of the applicant, the (i) the demand;
Rev. 08.2017, January 2018 T-104

(ii) the amount due (in full) for the handling (i) it has received a copy of any amendments
fee and the preliminary examination fee, including made under Article 19;
where applicable, the late payment fee under Rule (ii) it has received a notice from the applicant
58 bis.2; and that he does not wish to make amendments under
(iii) either the international search report or Article 19; or
the declaration by the International Searching (iii) the expiration of the applicable time limit
Authority under Article 17(2)(a) that no international under Rule 46.1.
search report will be established, and the written
opinion established under Rule 43 bis.1; (e) Where the statement concerning amendments
contains an indication that amendments under Article
provided that the International Preliminary 34 are submitted with the demand (Rule 53.9(c)) but
Examining Authority shall not start the international no such amendments are, in fact, submitted, the
preliminary examination before the expiration of the International Preliminary Examining Authority shall
applicable time limit under Rule 54 bis.1(a) unless not start the international preliminary examination
the applicant expressly requests an earlier start. before it has received the amendments or before the
time limit fixed in the invitation referred to in Rule
(b) If the national Office or intergovernmental 60.1(g) has expired, whichever occurs first.
organization that acts as International Searching
Authority also acts as International Preliminary 69.2 Time Limit for International
Examining Authority, the international preliminary Preliminary Examination
examination may, if that national Office or
intergovernmental organization so wishes and subject The time limit for establishing the international
to paragraphs (d) and (e), start at the same time as preliminary examination report shall be whichever
the international search. of the following periods expires last:
(b-bis) Where, in accordance with paragraph (b),
the national Office or intergovernmental organization (i) 28 months from the priority date; or
that acts as both International Searching Authority (ii) six months from the time provided under
and International Preliminary Examining Authority Rule 69.1 for the start of the international
wishes to start the international preliminary preliminary examination; or
examination at the same time as the international (iii) six months from the date of receipt by the
search and considers that all of the conditions International Preliminary Examining Authority of
referred to in Article 34(2)(c)(i) to (iii) are fulfilled, the translation furnished under Rule 55.2.
that national Office or intergovernmental
organization need not, in its capacity as International Rule 70
Searching Authority, establish a written opinion
under Rule 43 bis.1. International Preliminary Report on
(c) Where the statement concerning amendments Patentability by the International
contains an indication that amendments under Article Preliminary Examining Authority
19 are to be taken into account (Rule 53.9(a)(i)), the (International Preliminary Examination
International Preliminary Examining Authority shall Report)
not start the international preliminary examination
before it has received a copy of the amendments 70.1 Definition
concerned.
(d) Where the statement concerning amendments For the purposes of this Rule, “report” shall mean
contains an indication that the start of the international preliminary examination report.
international preliminary examination is to be
postponed (Rule 53.9(b)), the International
Preliminary Examining Authority shall not start the
international preliminary examination before
whichever of the following occurs first:
T-105 Rev. 08.2017, January 2018
70.2 Basis of the Report international application by indicating the

international application number, the name of the
(a) If the claims have been amended, the report applicant, and the international filing date.
shall issue on the claims as amended.
(b) If, pursuant to Rule 66.7(a) or (b), the report 70.4 Dates
is established as if the priority had not been claimed,
the report shall so indicate. The report shall indicate:
(c) If the International Preliminary Examining
(i) the date on which the demand was submitted,
Authority considers that any amendment goes
and
beyond the disclosure in the international application
as filed, the report shall be established as if such (ii) the date of the report; that date shall be the
amendment had not been made, and the report shall date on which the report is completed.
so indicate. It shall also indicate the reasons why it 70.5 Classification
considers that the amendment goes beyond the said
disclosure. (a) The report shall repeat the classification
(c-bis) If the claims, description or drawings given under Rule 43.3 if the International
have been amended but the replacement sheet or Preliminary Examining Authority agrees with such
sheets were not accompanied by a letter indicating classification.
the basis for the amendment in the application as (b) Otherwise, the International Preliminary
filed, as required under Rule 46.5(b)(iii), Rule Examining Authority shall indicate in the report the
46.5(b)(iii) being applicable by virtue of Rule classification, at least according to the International
66.8(c), or Rule 66.8(a), as applicable, the report Patent Classification, which it considers correct.
may be established as if the amendment had not been
made, in which case the report shall so indicate. 70.6 Statement Under Article 35(2)
(d) Where claims relate to inventions in respect
(a) The statement referred to in Article 35(2)
of which no international search report has been
shall consist of the words “YES” or “NO,” or their
established and have therefore not been the subject
equivalent in the language of the report, or some
of international preliminary examination, the
appropriate sign provided for in the Administrative
international preliminary examination report shall
Instructions, and shall be accompanied by the
so indicate.
citations, explanations, and observations, if any,
(e) If a rectification of an obvious mistake is referred to in the last sentence of Article 35(2).
taken into account under Rule 66.1, the report shall
(b) If any of the three criteria referred to in
so indicate. If a rectification of an obvious mistake
Article 35(2) (that is, novelty, inventive step (non-
is not taken into account pursuant to Rule 66.4 bis ,
obviousness), industrial applicability) is not satisfied,
the report shall, if possible, so indicate, failing which
the statement shall be negative. If, in such a case,
any of the criteria, taken separately, is satisfied, the
shall notify the International Bureau accordingly and
report shall specify the criterion or criteria so
the International Bureau shall proceed as provided
satisfied.
for in the Administrative Instructions.
(f) The report shall indicate the date on which a 70.7 Citations Under Article 35(2)
top-up search under Rule 66.1 ter was made, or else
state that no top-up search was made. (a) The report shall cite the documents
considered to be relevant for supporting the
70.3 Identifications statements made under Article 35(2), whether or not
such documents are cited in the international search
The report shall identify the International report. Documents cited in the international search
Preliminary Examining Authority which established report need only be cited in the report when they are
it by indicating the name of such Authority, and the considered by the International Preliminary
Examining Authority to be relevant.
Rev. 08.2017, January 2018 T-106

(b) The provisions of Rule 43.5(b) and (e) shall 70.12 Mention of Certain Defects and Other
apply also to the report. Matters
70.8 Explanations Under Article 35(2)
If the International Preliminary Examining Authority
The Administrative Instructions shall contain considers that, at the time it prepares the report:
guidelines for cases in which the explanations
referred to in Article 35(2) should or should not be (i) the international application contains any of
given and the form of such explanations. Such the defects referred to in Rule 66.2(a)(iii), it shall
guidelines shall be based on the following principles: include this opinion and the reasons therefor in the
report;
(i) explanations shall be given whenever the (ii) the international application calls for any of
statement in relation to any claim is negative; the observations referred to in Rule 66.2(a)(v), it
(ii) explanations shall be given whenever the may include this opinion in the report and, if it does,
statement is positive unless the reason for citing any it shall also indicate in the report the reasons for such
document is easy to imagine on the basis of opinion;
consultation of the cited document; (iii) any of the situations referred to in Article
(iii) generally, explanations shall be given if the 34(4) exists, it shall state this opinion and the reasons
case provided for in the last sentence of Rule 70.6(b) therefor in the report;
obtains. (iv) a nucleotide and/or amino acid sequence
listing is not available to it in such a form that a
70.9 Non-Written Disclosures
meaningful international preliminary examination
can be carried out, it shall so state in the report.
Any non-written disclosure referred to in the report
by virtue of Rule 64.2 shall be mentioned by 70.13 Remarks Concerning Unity of
indicating its kind, the date on which the written Invention
disclosure referring to the non-written disclosure
was made available to the public, and the date on If the applicant paid additional fees for the
which the non-written disclosure occurred in public. international preliminary examination, or if the
international application or the international
70.10 Certain Published Documents preliminary examination was restricted under Article
34(3), the report shall so indicate. Furthermore,
Any published application or any patent referred to where the international preliminary examination was
in the report by virtue of Rule 64.3 shall be carried out on restricted claims (Article 34(3)(a)),
mentioned as such and shall be accompanied by an or on the main invention only (Article 34(3)(c)), the
indication of its date of publication, of its filing date, report shall indicate what parts of the international
and its claimed priority date (if any). In respect of application were and what parts were not the subject
the priority date of any such document, the report of international preliminary examination. The report
may indicate that, in the opinion of the International shall contain the indications provided for in Rule
Preliminary Examining Authority, such date has not 68.1, where the International Preliminary Examining
been validly claimed. Authority chose not to invite the applicant to restrict
the claims or to pay additional fees.
70.11 Mention of Amendments
70.14 Authorized Officer
If, before the International Preliminary Examining
Authority, amendments have been made, this fact The report shall indicate the name of the officer of
shall be indicated in the report. Where any the International Preliminary Examining Authority
amendment has resulted in the cancellation of an responsible for that report.
entire sheet, this fact shall also be specified in the
report.
T-107 Rev. 08.2017, January 2018

70.15 Form; Title the international application as filed and the report
contains an indication referred to in Rule 70.2(c) ;
(a) The physical requirements as to the form of
(ii) the relevant superseding or reversing
the report shall be prescribed by the Administrative
amendment was not accompanied by a letter
Instructions.
indicating the basis for the amendment in the
(b) The report shall bear the title “international application as filed and the report is established as
preliminary report on patentability (Chapter II of the if the amendment had not been made and contains
Patent Cooperation Treaty)” together with an an indication referred to in Rule 70.2(c- bis ).
indication that it is the international preliminary
examination report established by the International In such a case, the superseded or reversed
Preliminary Examining Authority. replacement sheet shall be marked as provided by
70.16 Annexes to the Report the Administrative Instructions.
70.17 Languages of the Report and the
(a) The following replacement sheets and letters
Annexes
shall be annexed to the report:
(i) each replacement sheet under Rule 66.8 The report and any annex shall be in the language
containing amendments under Article 34 and each in which the international application to which they
letter under Rule 66.8(a), Rule 66.8(b) and Rule relate is published, or, if the international preliminary
46.5(b) as applicable by virtue of Rule 66.8(c); examination is carried out, pursuant to Rule 55.2,
(ii) each replacement sheet under Rule 46.5 on the basis of a translation of the international
containing amendments under Article 19 and each application, in the language of that translation.
letter under Rule 46.5; and
(iii) each replacement sheet under Rule 26.4
Rule 71
as applicable by virtue of Rule 91.2 containing a
rectification of an obvious mistake authorized by Transmittal of the International Preliminary
that Authority under Rule 91.1(b)(iii) and each letter Examination Report
under Rule 26.4 as applicable by virtue of Rule 91.2;
71.1 Recipients
unless any such replacement sheet has been
superseded or considered reversed by a later The International Preliminary Examining Authority
replacement sheet or an amendment resulting in the shall, on the same day, transmit one copy of the
cancellation of an entire sheet under Rule 66.8(b); international preliminary examination report and its
and annexes, if any, to the International Bureau, and one
(iv) where the report contains an indication copy to the applicant.
referred to in Rule 70.2(e), any sheet and letter
relating to a rectification of an obvious mistake 71.2 Copies of Cited Documents
which is not taken into account pursuant to Rule
66.4 bis . (a) The request under Article 36(4) may be
presented any time during seven years from the
(b) Notwithstanding paragraph (a), each international filing date of the international
superseded or reversed replacement sheet referred application to which the report relates.
to in that paragraph and any letter referred to in that
paragraph relating to such superseded or reversed (b) The International Preliminary Examining
sheet shall also be annexed to the report where: Authority may require that the party (applicant or
elected Office) presenting the request pay to it the
(i) the International Preliminary Examining cost of preparing and mailing the copies. The level
Authority considers that the relevant superseding or of the cost of preparing copies shall be provided for
reversing amendment goes beyond the disclosure in in the agreements referred to in Article 32(2)
Rev. 08.2017, January 2018 T-108

between the International Preliminary Examining 72.3 Observations on the Translation

Authorities and the International Bureau.
(c) [Deleted] The applicant may make written observations as to
(d) Any International Preliminary Examining the correctness of the translation of the international
Authority may perform the obligations referred to preliminary examination report or of the written
in paragraphs (a) and (b) through another agency opinion established by the International Searching
responsible to it. Authority under Rule 43 bis.1 and shall send a copy
of the observations to each of the interested elected
Rule 72 Offices and to the International Bureau.
Translation of the International Preliminary Rule 73

Examination Report and of the Written
Opinion of the International Searching Communication of the International
Authority Preliminary Examination Report or the
Written Opinion of the International
72.1 Languages Searching Authority
(a) Any elected State may require that the 73.1 Preparation of Copies
international preliminary examination report,
established in any language other than the official The International Bureau shall prepare the copies of
language, or one of the official languages, of its the documents to be communicated under Article
national Office, be translated into English. 36(3)(a).
(b) Any such requirement shall be notified to
the International Bureau, which shall promptly 73.2 Communication to Elected Offices
publish it in the Gazette.
(a) The International Bureau shall effect the
72.2 Copy of Translation for the Applicant communication provided for in Article 36(3)(a) to
each elected Office in accordance with Rule 93 bis.1
The International Bureau shall transmit a copy of but not before the expiration of 30 months from the
the translation referred to in Rule 72.1(a) of the priority date.
international preliminary examination report to the
applicant at the same time as it communicates such (b) Where the applicant makes an express
translation to the interested elected Office or Offices. request to an elected Office under Article 40(2), the
International Bureau shall, upon the request of that
Office or of the applicant,
72.2 bis Translation of the Written Opinion
of the International Searching Authority (i) if the international preliminary
Established Under Rule 43bis.1 examination report has already been transmitted to
the International Bureau under Rule 71.1, promptly
In the case referred to in Rule 73.2(b)(ii), the written effect the communication provided for in Article
opinion established by the International Searching 36(3)(a) to that Office;
Authority under Rule 43 bis.1 shall, upon request of (ii) if the international preliminary
the elected Office concerned, be translated into examination report has not been transmitted to the
English by or under the responsibility of the International Bureau under Rule 71.1, promptly
International Bureau. The International Bureau shall communicate a copy of the written opinion
transmit a copy of the translation to the elected established by the International Searching Authority
Office concerned within two months from the date under Rule 43 bis.1 to that Office.
of receipt of the request for translation, and shall at (c) Where the applicant has withdrawn the
the same time transmit a copy to the applicant. demand or any or all elections, the communication
provided for in paragraph (a) shall nevertheless be
T-109 Rev. 08.2017, January 2018

effected, if the International Bureau has received the Rule 75

international preliminary examination report, to the
elected Office or Offices affected by the withdrawal. [Deleted]
Rule 74
Rule 76
Translations of Annexes of the International
Preliminary Examination Report and Translation of Priority Document;
Transmittal Thereof Application of Certain Rules to Procedures
Before Elected Offices
74.1 Contents of Translation and Time Limit
for Transmittal Thereof 76.1 [Deleted]
(a) Where the furnishing of a translation of the 76.2 [Deleted]

international application is required by the elected
Office under Article 39(1), the applicant shall, within 76.3 [Deleted]
the time limit applicable under Article 39(1),
transmit a translation of any replacement sheet
76.4 Time Limit for Translation of Priority
referred to in Rule 70.16 which is annexed to the
international preliminary examination report unless
Document
such sheet is in the language of the required
translation of the international application. The same The applicant shall not be required to furnish to any
time limit shall apply where the furnishing of a elected Office a translation of the priority document
translation of the international application to the before the expiration of the applicable time limit
elected Office must, because of a declaration made under Article 39.
under Article 64(2)(a)(i), be effected within the time
limit applicable under Article 22. 76.5 Application of Certain Rules to
(b) Where the furnishing under Article 39(1) of
Procedures before Elected Offices
a translation of the international application is not
required by the elected Office, that Office may Rules 13 ter.3, 20.8(c), 22.1(g), 47.1, 49, 49 bis ,
require the applicant to furnish, within the time limit 49 ter and 51 bis shall apply, provided that:
applicable under that Article, a translation into the
language in which the international application was (i) any reference in the said Rules to the
published of any replacement sheet referred to in designated Office or to the designated State shall be
Rule 70.16 which is annexed to the international construed as a reference to the elected Office or to
preliminary examination report and is not in that the elected State, respectively;
language. (ii) any reference in the said Rules to Article 22,
Article 23(2) or Article 24(2) shall be construed as
a reference to Article 39(1), Article 40(2) or Article
39(3), respectively;
(iii) the words “international applications filed”
in Rule 49.1(c) shall be replaced by the words “a
demand submitted;”
(iv) for the purposes of Article 39(1), where an
international preliminary examination report has
been established, a translation of any amendment
under Article 19 shall only be required if that
amendment is annexed to that report;
Rev. 08.2017, January 2018 T-110

(v) the reference in Rule 47.1(a) to Rule 47.4 applicant may exercise the said right at any later
shall be construed as a reference to Rule 61.2(d). time if so permitted by the national law of the said
State.
76.6 [Deleted]
(b) In any elected State in which the national
Rule 77 law provides that examination starts only on special
request, the national law may provide that the time
limit within or the time at which the applicant may
Faculty Under Article 39(1)(b) exercise the right under Article 41 shall be the same
as that provided by the national law for the filing of
77.1 Exercise of Faculty amendments in the case of the examination, on
special request, of national applications, provided
(a) Any Contracting State allowing a time limit that such time limit shall not expire prior to, or such
expiring later than the time limit provided for in time shall not come before, the expiration of the time
Article 39(1)(a) shall notify the International Bureau limit applicable under paragraph (a).
of the time limit so fixed.
78.2 [Deleted]
(b) Any notification received by the International
Bureau under paragraph (a) shall be promptly
published by the International Bureau in the Gazette. 78.3 Utility Models
(c) Notifications concerning the shortening of
The provisions of Rules 6.5 and 13.5 shall apply,
the previously fixed time limit shall be effective in
mutatis mutandis, before elected Offices. If the
relation to demands submitted after the expiration
election was made before the expiration of the 19th
of three months computed from the date on which
month from the priority date, the reference to the
the notification was published by the International
time limit applicable under Article 22 is replaced by
Bureau.
a reference to the time limit applicable under Article
(d) Notifications concerning the lengthening of 39.
the previously fixed time limit shall become effective
upon publication by the International Bureau in the Part D
Gazette in respect of demands pending at the time
or submitted after the date of such publication, or, Rules Concerning Chapter III of the Treaty
if the Contracting State effecting the notification
fixes some later date, as from the latter date. Rule 79
Rule 78 Calendar
Amendment of the Claims, the Description, 79.1 Expressing Dates
and the Drawings, Before Elected Offices
Applicants, national Offices, receiving Offices,
78.1 Time Limit International Searching and Preliminary Examining
Authorities, and the International Bureau, shall, for
(a) The applicant shall, if he so wishes, exercise the purposes of the Treaty and the Regulations,
the right under Article 41 to amend the claims, the express any date in terms of the Christian era and
description and the drawings, before the elected the Gregorian calendar, or, if they use other eras and
Office concerned within one month from the calendars, they shall also express any date in terms
fulfillment of the requirements under Article of the Christian era and the Gregorian calendar.
39(1)(a), provided that, if the transmittal of the
international preliminary examination report under
Article 36(1) has not taken place by the expiration
of the time limit applicable under Article 39, he shall
exercise the said right not later than four months
after such expiration date. In either case, the
T-111 Rev. 08.2017, January 2018

Rule 80 80.5 Expiration on a Non-Working Day or

Official Holiday
Computation of Time Limits
If the expiration of any period during which any
80.1 Periods Expressed in Years document or fee must reach a national Office or
intergovernmental organization falls on a day:
When a period is expressed as one year or a certain
number of years, computation shall start on the day (i) on which such Office or organization is not
following the day on which the relevant event open to the public for the purposes of the transaction
occurred, and the period shall expire in the relevant of official business;
subsequent year in the month having the same name (ii) on which ordinary mail is not delivered in
and on the day having the same number as the month the locality in which such Office or organization is
and the day on which the said event occurred, situated;
provided that if the relevant subsequent month has (iii) which, where such Office or organization
no day with the same number the period shall expire is situated in more than one locality, is an official
on the last day of that month. holiday in at least one of the localities in which such
Office or organization is situated, and in
80.2 Periods Expressed in Months circumstances where the national law applicable by
that Office or organization provides, in respect of
When a period is expressed as one month or a certain national applications, that, in such a case, such period
number of months, computation shall start on the shall expire on a subsequent day; or
day following the day on which the relevant event
(iv) which, where such Office is the government
occurred, and the period shall expire in the relevant
authority of a Contracting State entrusted with the
subsequent month on the day which has the same
granting of patents, is an official holiday in part of
number as the day on which the said event occurred,
that Contracting State, and in circumstances where
provided that if the relevant subsequent month has
the national law applicable by that Office provides,
no day with the same number the period shall expire
in respect of national applications, that, in such a
on the last day of that month.
case, such period shall expire on a subsequent day;
the period shall expire on the next subsequent day
80.3 Periods Expressed in Days on which none of the said four circumstances exists.
When a period is expressed as a certain number of 80.6 Date of Documents

days, computation shall start on the day following
the day on which the relevant event occurred, and Where a period starts on the day of the date of a
the period shall expire on the day on which the last document or letter emanating from a national Office
day of the count has been reached. or intergovernmental organization, any interested
party may prove that the said document or letter was
80.4 Local Dates mailed on a day later than the date it bears, in which
case the date of actual mailing shall, for the purposes
(a) The date which is taken into consideration of computing the period, be considered to be the date
as the starting date of the computation of any period on which the period starts. Irrespective of the date
shall be the date which prevails in the locality at the on which such a document or letter was mailed, if
time when the relevant event occurred. the applicant offers to the national Office or
intergovernmental organization evidence which
(b) The date on which any period expires shall
satisfies the national Office or intergovernmental
be the date which prevails in the locality in which
organization that the document or letter was received
the required document must be filed or the required
more than seven days after the date it bears, the
fee must be paid.
national Office or intergovernmental organization
shall treat the period starting from the date of the
Rev. 08.2017, January 2018 T-112

document or letter as expiring later by an additional Contracting States, inviting them to express their
number of days which is equal to the number of days vote in writing.
which the document or letter was received later than (b) The invitation shall fix the time limit within
seven days after the date it bears. which the reply containing the vote expressed in
writing must reach the International Bureau. That
80.7 End of Working Day time limit shall not be less than three months from
the date of the invitation.
(a) A period expiring on a given day shall expire
(c) Replies must be either positive or negative.
at the moment the national Office or
Proposals for amendments or mere observations shall
intergovernmental organization with which the
not be regarded as votes.
document must be filed or to which the fee must be
paid closes for business on that day. (d) The proposal shall be considered adopted if
none of the Contracting States opposes the
(b) Any Office or organization may depart from
amendment and if at least one-half of the Contracting
the provisions of paragraph (a) up to midnight on
States express either approval or indifference or
the relevant day.
abstention.
(c) [Deleted]
Rule 82
Rule 81
Irregularities in the Mail Service
Modification of Time Limits Fixed in the
Treaty 82.1 Delay or Loss in Mail
81.1 Proposal (a) Any interested party may offer evidence that
he has mailed the document or letter five days prior
(a) Any Contracting State or the Director to the expiration of the time limit. Except in cases
General may propose a modification under Article where surface mail normally arrives at its destination
47(2). within two days of mailing, or where no airmail
(b) Proposals made by a Contracting State shall service is available, such evidence may be offered
be presented to the Director General. only if the mailing was by airmail. In any case,
evidence may be offered only if the mailing was by
81.2 Decision by the Assembly mail registered by the postal authorities.
(b) If the mailing, in accordance with paragraph
(a) When the proposal is made to the Assembly,
(a), of a document or letter is proven to the
its text shall be sent by the Director General to all
satisfaction of the national Office or
Contracting States at least two months in advance
intergovernmental organization which is the
of that session of the Assembly whose agenda
addressee, delay in arrival shall be excused, or, if
includes the proposal.
the document or letter is lost in the mail, substitution
(b) During the discussion of the proposal in the for it of a new copy shall be permitted, provided that
Assembly, the proposal may be amended or the interested party proves to the satisfaction of the
consequential amendments proposed. said Office or organization that the document or
(c) The proposal shall be considered adopted if letter offered in substitution is identical with the
none of the Contracting States present at the time of document or letter lost.
voting votes against the proposal. (c) In the cases provided for in paragraph (b),
evidence of mailing within the prescribed time limit,
81.3 Voting by Correspondence
and, where the document or letter was lost, the
substitute document or letter as well as the evidence
(a) When voting by correspondence is chosen,
concerning its identity with the document or letter
the proposal shall be included in a written
lost shall be submitted within one month after the
communication from the Director General to the
date on which the interested party noticed - or with
T-113 Rev. 08.2017, January 2018

due diligence should have noticed - the delay or the (iii) to any time limit fixed by, or in the national
loss, and in no case later than six months after the law applicable by, the designated or elected Office,
expiration of the time limit applicable in the given for the performance of any act by the applicant
case. before that Office.
(d) Any national Office or intergovernmental 82 bis.2 Reinstatement of Rights and Other
organization which has notified the International Provisions to Which Article 48(2) Applies
Bureau that it will do so shall, where a delivery
service other than the postal authorities is used to
The provisions of the national law which is referred
mail a document or letter, apply the provisions of
to in Article 48(2) concerning the excusing, by the
paragraphs (a) to (c) as if the delivery service was a
designated or elected State, of any delay in meeting
postal authority. In such a case, the last sentence of
any time limit are those provisions which provide
paragraph (a) shall not apply but evidence may be
for reinstatement of rights, restoration, restitutio in
offered only if details of the mailing were recorded
integrum or further processing in spite of
by the delivery service at the time of mailing. The
non-compliance with a time limit, and any other
notification may contain an indication that it applies
provision providing for the extension of time limits
only to mailings using specified delivery services or
or for excusing delays in meeting time limits.
delivery services which satisfy specified criteria.
The International Bureau shall publish the
information so notified in the Gazette. Rule 82ter
(e) Any national Office or intergovernmental Rectification of Errors Made by the Receiving
organization may proceed under paragraph (d):
Office or by the International Bureau
(i) even if, where applicable, the delivery
service used was not one of those specified, or did 82 ter.1 Errors Concerning the International
not satisfy the criteria specified, in the relevant Filing Date and the Priority Claim
notification under paragraph (d), or
(ii) even if that Office or organization has (a) If the applicant proves to the satisfaction of
not sent to the International Bureau a notification any designated or elected Office that the international
under paragraph (d). filing date is incorrect due to an error made by the
receiving Office or that the priority claim has been
Rule 82bis erroneously considered void by the receiving Office
or the International Bureau, and if the error is an
Excuse by the Designated or Elected State of error such that, had it been made by the designated
Delays in Meeting Certain Time Limits or elected Office itself, that Office would rectify it
under the national law or national practice, the said
82 bis.1 Meaning of “Time Limit” in Article Office shall rectify the error and shall treat the
48(2) international application as if it had been accorded
the rectified international filing date or as if the
The reference to “any time limit” in Article 48(2) priority claim had not been considered void.
shall be construed as comprising a reference: (b) Where the international filing date has been
accorded by the receiving Office under
(i) to any time limit fixed in the Treaty or these Rule 20.3(b)(ii) or 20.5(d) on the basis of the
Regulations; incorporation by reference under Rules 4.18 and 20.6
(ii) to any time limit fixed by the receiving of an element or part but the designated or elected
Office, the International Searching Authority, the Office finds that:
International Preliminary Examining Authority or (i) the applicant has not complied with
the International Bureau or applicable by the Rule 17.1(a), (b) or (b- bis) in relation to the priority
receiving Office under its national law; document;
Rev. 08.2017, January 2018 T-114

(ii) a requirement under Rule 4.18, 20.6(a)(i) unavailability of electronic communications services
or 51 bis.1(e)(ii) has not been complied with; or or other like reason in the locality where the
interested party resides, has his place of business or
(iii) the element or part is not completely is staying, and that the relevant action was taken as
contained in the priority document concerned; soon as reasonably possible.
(b) Any such evidence shall be addressed to the
the designated or elected Office may, subject to
Office, Authority or the International Bureau, as the
paragraph (c), treat the international application as
case may be, not later than six months after the
if the international filing date had been accorded
expiration of the time limit applicable in the given
under Rule 20.3(b)(i) or 20.5(b), or corrected under
case. If such circumstances are proven to the
Rule 20.5(c), as applicable, provided that Rule
satisfaction of the addressee, delay in meeting the
17.1(c) shall apply mutatis mutandis.
time limit shall be excused.
(c) The designated or elected Office shall not
(c) The excuse of a delay need not be taken into
treat the international application under paragraph (b)
account by any designated or elected Office before
as if the international filing date had been accorded
which the applicant, at the time the decision to
under Rule 20.3(b)(i) or 20.5(b), or corrected under
excuse the delay is taken, has already performed the
Rule 20.5(c), without giving the applicant the
acts referred to in Article 22 or Article 39.
opportunity to make observations on the intended
--------------------------------------------------------------------------------
treatment, or to make a request under paragraph (d),
within a time limit which shall be reasonable under Rule 83
the circumstances.
(d) Where the designated or elected Office, in Right to Practice Before International
accordance with paragraph (c), has notified the Authorities
applicant that it intends to treat the international
application as if the international filing date had been 83.1 Proof of Right
corrected under Rule 20.5(c), the applicant may, in
a notice submitted to that Office within the time limit The International Bureau, the competent
referred to in paragraph (c), request that the missing International Searching Authority, and the competent
part concerned be disregarded for the purposes of International Preliminary Examining Authority may
national processing before that Office, in which case require the production of proof of the right to
that part shall be considered not to have been practice referred to in Article 49.
furnished and that Office shall not treat the
international application as if the international filing
83.1 bis Where the International Bureau Is
date had been corrected.
the Receiving Office
Rule 82quater
(a) Any person who has the right to practice
Excuse of Delay in Meeting Time Limits before the national Office of, or acting for, a
Contracting state of which the applicant or, if there
are two or more applicants, any of the applicants is
82 quater.1 Excuse of Delay in Meeting Time
a resident or national shall be entitled to practice in
Limits
respect of the international application before the
International Bureau in its capacity as receiving
(a) Any interested party may offer evidence that
Office under Rule 19.1(a)(iii).
a time limit fixed in the Regulations for performing
an action before the receiving Office, the (b) Any person having the right to practice
International Searching Authority, the Authority before the International Bureau in its capacity as
specified for supplementary search, the International receiving Office in respect of an international
Preliminary Examining Authority or the International application shall be entitled to practice in respect of
Bureau was not met due to war, revolution, civil that application before the International Bureau in
disorder, strike, natural calamity, a general any other capacity and before the competent
T-115 Rev. 08.2017, January 2018

International Searching Authority and competent the quorum in the session itself, such decisions shall
International Preliminary Examining Authority. take effect provided that at the same time the
required majority still obtains.
83.2 Information
(a) The national Office or the intergovernmental Rule 86

organization which the interested person is alleged
to have a right to practice before shall, upon request, The Gazette
inform the International Bureau, the competent
International Searching Authority, or the competent 86.1 Contents
International Preliminary Examining Authority,
whether such person has the right to practice before The Gazette referred to in Article 55(4) shall contain:
it.
(b) Such information shall be binding upon the (i) for each published international application,
International Bureau, the International Searching the data specified by the Administrative Instructions
Authority, or the International Preliminary taken from the front page of the publication of the
Examining Authority, as the case may be. international application, the drawing (if any)
appearing on the said front page, and the abstract;
Part E
(ii) the schedule of all fees payable to the
receiving Offices, the International Bureau, and the
Rules Concerning Chapter V of the Treaty
International Searching and Preliminary Examining
Rule 84 Authorities;
(iii) notices the publication of which is required
Expenses of Delegations under the Treaty or these Regulations;
(iv) information concerning events at the
84.1 Expenses Borne by Governments designated and elected Offices notified to the
International Bureau under Rule 95.1 in relation to
The expenses of each Delegation participating in published international applications;
any organ established by or under the Treaty shall
(v) any other useful information prescribed by
be borne by the Government which has appointed
the Administrative Instructions, provided access to
it.
such information is not prohibited under the Treaty
or these Regulations.
Rule 85
86.2 Languages; Form and Means of
Absence of Quorum in the Assembly Publication; Timing
85.1 Voting by Correspondence (a) The Gazette shall be published in English

and French at the same time. The translations shall
be ensured by the International Bureau in English
In the case provided for in Article 53(5)(b), the
and French.
International Bureau shall communicate the decisions
of the Assembly (other than those concerning the (b) The Assembly may order the publication of
Assembly's own procedure) to the Contracting States the Gazette in languages other than those referred
which were not represented and shall invite them to to in paragraph (a).
express in writing their vote or abstention within a (c) The form in which and the means by which
period of three months from the date of the the Gazette is published shall be governed by the
communication. If, at the expiration of that period, Administrative Instructions.
the number of Contracting States having thus
expressed their vote or abstention attains the number (d) The International Bureau shall ensure that,
of Contracting States which was lacking for attaining for each published international application, the
information referred to in Rule 86.1(i) is published
Rev. 08.2017, January 2018 T-116

in the Gazette on, or as soon as possible after, the 87.2 [Deleted]

date of publication of the international application.
86.3 Frequency Rule 88
The frequency of publication of the Gazette shall be Amendment of the Regulations

determined by the Director General.
88.1 Requirement of Unanimity
86.4 Sale
Amendment of the following provisions of these
The subscription and other sale prices of the Gazette Regulations shall require that no State having the
shall be determined by the Director General. right to vote in the Assembly vote against the
proposed amendment:
86.5 Title
(i) Rule 14.1 (Transmittal Fee),
The title of the Gazette shall be determined by the (ii) [Deleted]
Director General. (iii) Rule 22.3 (Time Limit under Article 12(3)),
(iv) Rule 33 (Relevant Prior Art for International
86.6 Further Details
Search),
Further details concerning the Gazette may be (v) Rule 64 (Prior Art for International
provided for in the Administrative Instructions. Preliminary Examination),
(vi) Rule 81 (Modification of Time Limits Fixed
Rule 87 in the Treaty),
(vii) the present paragraph (i.e., Rule 88.1).
Communication of Publications
88.2 [Deleted]
87.1 Communication of Publications on
Request 88.3 Requirement of Absence of Opposition
by Certain States
The International Bureau shall communicate, free
of charge, every published international application, Amendment of the following provisions of these
the Gazette and any other publication of general Regulations shall require that no State referred to in
interest published by the International Bureau in Article 58(3)(a)(ii) and having the right to vote in
connection with the Treaty or these Regulations, to the Assembly vote against the proposed amendment:
International Searching Authorities, International
Preliminary Examining Authorities and national (i) Rule 34 (Minimum Documentation),
Offices upon request by the Authority or Office (ii) Rule 39 (Subject Matter under Article
concerned. Further details concerning the form in 17(2)(a)(i)),
which and the means by which publications are
(iii) Rule 67 (Subject Matter under Article
communicated shall be governed by the
34(4)(a)(i)),
(iv) the present paragraph (i.e., Rule 88.3).
88.4 Procedure
Any proposal for amending a provision referred to

in Rules 88.1 or 88.3 shall, if the proposal is to be
decided upon in the Assembly, be communicated to
all Contracting States at least two months prior to
T-117 Rev. 08.2017, January 2018

the opening of that session of the Assembly which Part F

is called upon to make a decision on the proposal.
Rules Concerning Several Chapters of the
Rule 89 Treaty
Rule 89bis
Administrative Instructions
Filing, Processing and Communication of
89.1 Scope
International Applications and Other
(a) The Administrative Instructions shall contain Documents in Electronic Form or by
provisions: Electronic Means
(i) concerning matters in respect of which
these Regulations expressly refer to such 89 bis.1 International Applications
Instructions,
(a) International applications may, subject to
(ii) concerning any details in respect of the paragraphs (b) to (e), be filed and processed in
application of these Regulations. electronic form or by electronic means, in
(b) The Administrative Instructions shall not be accordance with the Administrative Instructions,
in conflict with the provisions of the Treaty, these provided that any receiving Office shall permit the
Regulations, or any agreement concluded by the filing of international applications on paper.
International Bureau with an International Searching (b) These Regulations shall apply mutatis
Authority, or an International Preliminary Examining mutandis to international applications filed in
Authority. electronic form or by electronic means, subject to
any special provisions of the Administrative
89.2 Source
Instructions.
(a) The Administrative Instructions shall be (c) The Administrative Instructions shall set out
drawn up and promulgated by the Director General the provisions and requirements in relation to the
after consultation with the receiving Offices and the filing and processing of international applications
International Searching and Preliminary Examining filed, in whole or in part, in electronic form or by
Authorities. electronic means, including but not limited to,
(b) They may be modified by the Director provisions and requirements in relation to
General after consultation with the Offices or acknowledgment of receipt, procedures relating to
Authorities which have a direct interest in the the according of an international filing date, physical
proposed modification. requirements and the consequences of
non-compliance with those requirements, signature
(c) The Assembly may invite the Director of documents, means of authentication of documents
General to modify the Administrative Instructions, and of the identity of parties communicating with
and the Director General shall proceed accordingly. Offices and authorities, and the operation of Article
89.3 Publication and Entry into Force 12 in relation to the home copy, the record copy and
the search copy, and may contain different provisions
(a) The Administrative Instructions and any and requirements in relation to international
modification thereof shall be published in the applications filed in different languages.
Gazette. (d) No national Office or intergovernmental
(b) Each publication shall specify the date on organization shall be obliged to receive or process
which the published provisions come into effect. international applications filed in electronic form or
The dates may be different for different provisions, by electronic means unless it has notified the
provided that no provision may be declared effective International Bureau that it is prepared to do so in
prior to its publication in the Gazette. compliance with the applicable provisions of the
Administrative Instructions. The International
Rev. 08.2017, January 2018 T-118

Bureau shall publish the information so notified in Rule 90

the Gazette.
(e) No receiving Office which has given the Agents and Common Representatives
International Bureau a notification under paragraph
(d) may refuse to process an international application 90.1 Appointment as Agent
filed in electronic form or by electronic means which
complies with the applicable requirements under the (a) A person having the right to practice before
Administrative Instructions. the national Office with which the international
application is filed or, where the international
89 bis.2 Other Documents
application is filed with the International Bureau,
having the right to practice in respect of the
Rule 89 bis.1 shall apply mutatis mutandis to other
international application before the International
documents and correspondence relating to
Bureau as receiving Office may be appointed by the
international applications.
applicant as his agent to represent him before the
receiving Office, the International Bureau, the
89 bis.3 Communication Between Offices International Searching Authority, any Authority
specified for supplementary search and the
Where the Treaty, these Regulations or the International Preliminary Examining Authority.
Administrative Instructions provide for the
(b) A person having the right to practice before
communication, notification or transmittal
the national Office or intergovernmental organization
(“communication”) of an international application,
which acts as the International Searching Authority
notification, communication, correspondence or
may be appointed by the applicant as his agent to
other document by one national Office or
represent him specifically before that Authority.
intergovernmental organization to another, such
communication may, where so agreed by both the (b-bis) A person having the right to practice
sender and the receiver, be effected in electronic before the national Office or intergovernmental
form or by electronic means. organization which acts as the Authority specified
for supplementary search may be appointed by the
Rule 89ter applicant as his agent to represent him specifically
before that Authority.
Copies in Electronic Form of Documents (c) A person having the right to practice before
Filed on Paper the national Office or intergovernmental organization
which acts as the International Preliminary
89 ter.1 Copies in Electronic Form of Examining Authority may be appointed by the
Documents Filed on Paper applicant as his agent to represent him specifically
before that Authority.
Any national Office or intergovernmental (d) An agent appointed under paragraph (a) may,
organization may provide that, where an international unless otherwise indicated in the document
application or other document relating to an appointing him, appoint one or more sub-agents to
international application is filed on paper, a copy represent the applicant as the applicant's agent:
thereof in electronic form, in accordance with the (i) before the receiving Office, the
Administrative Instructions, may be furnished by International Bureau, the International Searching
the applicant. Authority, any Authority specified for supplementary
search and the International Preliminary Examining
Authority, provided that any person so appointed as
sub-agent has the right to practice before the national
Office with which the international application was
filed or to practice in respect of the international
application before the International Bureau as
receiving Office, as the case may be;
T-119 Rev. 08.2017, January 2018
(ii) specifically before the International a separate power of attorney. Where there are two
Searching Authority, any Authority specified for or more applicants, the appointment of a common
supplementary search or the International agent or common representative shall be effected by
Preliminary Examining Authority, provided that any each applicant signing, at his choice, the request, the
person so appointed as sub-agent has the right to demand or a separate power of attorney.
practice before the national Office or (b) Subject to Rule 90.5, a separate power of
intergovernmental organization which acts as the attorney shall be submitted to either the receiving
International Searching Authority, the Authority Office or the International Bureau, provided that,
specified for supplementary search or the where a power of attorney appoints an agent under
International Preliminary Examining Authority, as Rule 90.1(b), (b- bis), (c) or (d)(ii), it shall be
the case may be. submitted to the International Searching Authority,
the Authority specified for supplementary search or
90.2 Common Representative the International Preliminary Examining Authority,
as the case may be.
(a) Where there are two or more applicants and
the applicants have not appointed an agent (c) If the separate power of attorney is not
representing all of them (a “common agent”) under signed, or if the required separate power of attorney
Rule 90.1(a), one of the applicants who is entitled is missing, or if the indication of the name or address
to file an international application according to of the appointed person does not comply with Rule
Article 9 may be appointed by the other applicants 4.4, the power of attorney shall be considered
as their common representative. non-existent unless the defect is corrected.
(b) Where there are two or more applicants and (d) Subject to paragraph (e), any receiving
all the applicants have not appointed a common Office, any International Searching Authority, any
agent under Rule 90.1(a) or a common representative Authority competent to carry out supplementary
under paragraph (a), the applicant first named in the searches, any International Preliminary Examining
request who is entitled according to Rule 19.1 to file Authority and the International Bureau may waive
an international application with the receiving Office the requirement under paragraph (b) that a separate
shall be considered to be the common representative power of attorney be submitted to it, in which case
of all the applicants. paragraph (c) shall not apply.
90.3 Effects of Acts by or in Relation to (e) Where the agent or the common
representative submits any notice of withdrawal
Agents and Common Representatives
referred to in Rules 90 bis.1 to 90 bis.4, the
requirement under paragraph (b) for a separate power
(a) Any act by or in relation to an agent shall
of attorney shall not be waived under paragraph (d).
have the effect of an act by or in relation to the
applicant or applicants concerned. 90.5 General Power of Attorney
(b) If there are two or more agents representing
the same applicant or applicants, any act by or in (a) Appointment of an agent in relation to a
relation to any of those agents shall have the effect particular international application may be effected
of an act by or in relation to the said applicant or by referring in the request, the demand, or a separate
applicants. notice to an existing separate power of attorney
appointing that agent to represent the applicant in
(c) Subject to Rule 90 bis.5, second sentence, relation to any international application which may
any act by or in relation to a common representative be filed by that applicant (i.e., a “general power of
or his agent shall have the effect of an act by or in attorney”), provided that:
relation to all the applicants.
(i) the general power of attorney has been
90.4 Manner of Appointment of Agent or deposited in accordance with paragraph (b), and
Common Representative (ii) a copy of it is attached to the request, the
demand or the separate notice, as the case may be;
(a) The appointment of an agent shall be effected
that copy need not be signed.
by the applicant signing the request, the demand, or
Rev. 08.2017, January 2018 T-120
(b) The general power of attorney shall be Rule 90bis

deposited with the receiving Office, provided that,
where it appoints an agent under Rule 90.1(b), Withdrawals
(b- bis), (c), or (d)(ii), it shall be deposited with the
International Searching Authority, the Authority
specified for supplementary search or the 90 bis.1 Withdrawal of the International
International Preliminary Examining Authority, as Application
the case may be.
(a) The applicant may withdraw the international
(c) Any receiving Office, any International application at any time prior to the expiration of 30
Searching Authority, any Authority competent to months from the priority date.
carry out supplementary searches and any
International Preliminary Examining Authority may (b) Withdrawal shall be effective on receipt of
waive the requirement under paragraph (a)(ii) that a notice addressed by the applicant, at his option, to
a copy of the general power of attorney is attached the International Bureau, to the receiving Office or,
to the request, the demand or the separate notice, as where Article 39(1) applies, to the International
the case may be. Preliminary Examining Authority.
(d) Notwithstanding paragraph (c), where the (c) No international publication of the
agent submits any notice of withdrawal referred to international application shall be effected if the
in Rules 90 bis.1 to 90 bis.4 to the receiving Office, notice of withdrawal sent by the applicant or
the Authority specified for supplementary search, transmitted by the receiving Office or the
the International Preliminary Examining Authority International Preliminary Examining Authority
or the International Bureau, as the case may be, a reaches the International Bureau before the technical
copy of the general power of attorney shall be preparations for international publication have been
submitted to that Office, Authority or Bureau. completed.
90.6 Revocation and Renunciation 90 bis.2 Withdrawal of Designations
(a) Any appointment of an agent or common (a) The applicant may withdraw the designation
representative may be revoked by the persons who of any designated State at any time prior to the
made the appointment or by their successors in title, expiration of 30 months from the priority date.
in which case any appointment of a sub-agent under Withdrawal of the designation of a State which has
Rule 90.1(d) by that agent shall also be considered been elected shall entail withdrawal of the
as revoked. Any appointment of a subagent under corresponding election under Rule 90 bis.4.
Rule 90.1(d) may also be revoked by the applicant (b) Where a State has been designated for the
concerned. purpose of obtaining both a national patent and a
(b) The appointment of an agent under Rule regional patent, withdrawal of the designation of
90.1(a) shall, unless otherwise indicated, have the that State shall be taken to mean withdrawal of only
effect of revoking any earlier appointment of an the designation for the purpose of obtaining a
agent made under that Rule. national patent, except where otherwise indicated.
(c) The appointment of a common representative (c) Withdrawal of the designations of all
shall, unless otherwise indicated, have the effect of designated States shall be treated as withdrawal of
revoking any earlier appointment of a common the international application under Rule 90 bis.1.
representative. (d) Withdrawal shall be effective on receipt of
(d) An agent or a common representative may a notice addressed by the applicant, at his option, to
renounce his appointment by a notification signed the International Bureau, to the receiving Office or,
by him. where Article 39(1) applies, to the International
Preliminary Examining Authority.
(e) Rule 90.4(b) and (c) shall apply, mutatis
mutandis, to a document containing a revocation or (e) No international publication of the
renunciation under this Rule. designation shall be effected if the notice of
T-121 Rev. 08.2017, January 2018

withdrawal sent by the applicant or transmitted by Authority specified for supplementary search or to
the receiving Office or the International Preliminary the International Bureau, provided that, where the
Examining Authority reaches the International notice does not reach the Authority specified for
Bureau before the technical preparations for supplementary search in sufficient time to prevent
international publication have been completed. the transmittal of the report or declaration referred
to in paragraph (a), the communication of that report
90 bis.3 Withdrawal of Priority Claims or declaration under Article 20(1), as applicable by
virtue of Rule 45 bis.8(b), shall nevertheless be
(a) The applicant may withdraw a priority claim,
effected.
made in the international application under Article
8(1), at any time prior to the expiration of 30 months 90 bis.4 Withdrawal of the Demand, or of
from the priority date. Elections
(b) Where the international application contains
more than one priority claim, the applicant may (a) The applicant may withdraw the demand or
exercise the right provided for in paragraph (a) in any or all elections at any time prior to the expiration
respect of one or more or all of the priority claims. of 30 months from the priority date.
(c) Withdrawal shall be effective on receipt of (b) Withdrawal shall be effective upon receipt
a notice addressed by the applicant, at his option, to of a notice addressed by the applicant to the
the International Bureau, to the receiving Office or, International Bureau.
where Article 39(1) applies, to the International (c) If the notice of withdrawal is submitted by
Preliminary Examining Authority. the applicant to the International Preliminary
(d) Where the withdrawal of a priority claim Examining Authority, that Authority shall mark the
causes a change in the priority date, any time limit date of receipt on the notice and transmit it promptly
which is computed from the original priority date to the International Bureau. The notice shall be
and which has not already expired shall, subject to considered to have been submitted to the
paragraph (e), be computed from the priority date International Bureau on the date marked.
resulting from that change. 90 bis.5 Signature
(e) In the case of the time limit referred to in
Article 21(2)(a), the International Bureau may Any notice of withdrawal referred to in Rules
nevertheless proceed with the international 90 bis.1 to PCT Rule 90 bis.4 shall be signed by the
publication on the basis of the said time limit as applicant or, if there are two or more applicants, by
computed from the original priority date if the notice all of them. An applicant who is considered to be
of withdrawal sent by the applicant or transmitted the common representative under Rule 90.2(b) shall
by the receiving Office or the International not be entitled to sign such a notice on behalf of the
Preliminary Examining Authority reaches the other applicants.
International Bureau after the completion of the
technical preparations for international publication. 90 bis.6 Effect of Withdrawal
90 bis.3 bis Withdrawal of Supplementary
(a) Withdrawal under Rule 90 bis of the
Search Request
international application, any designation, any
priority claim, the demand or any election shall have
(a) The applicant may withdraw a supplementary
no effect in any designated or elected Office where
search request at any time prior to the date of
the processing or examination of the international
transmittal to the applicant and to the International
application has already started under Article 23(2)
Bureau, under Rule 45 bis.8(a), of the supplementary
or Article 40(2).
international search report or the declaration that no
such report will be established. (b) Where the international application is
withdrawn under Rule 90 bis.1, the international
(b) Withdrawal shall be effective on receipt,
processing of the international application shall be
within the time limit under paragraph (a), of a notice
discontinued.
addressed by the applicant, at his option, to the
Rev. 08.2017, January 2018 T-122

(b-bis) Where a supplementary search request examination has been made and has not been
is withdrawn under Rule 90 bis.3 bis , the withdrawn and the date on which international
supplementary international search by the Authority preliminary examination shall start in accordance
concerned shall be discontinued. with Rule 69.1 has passed—by the International
(c) Where the demand or all elections are Preliminary Examining Authority;
withdrawn under Rule 90 bis.4, the processing of (iv) in the case of a mistake in a document
the international application by the International not referred to in items (i) to (iii) submitted to the
Preliminary Examining Authority shall be receiving Office, the International Searching
discontinued. Authority, the International Preliminary Examining
90 bis.7 Faculty Under Article 37(4)(b) Authority or the International Bureau, other than a
mistake in the abstract or in an amendment under
(a) Any Contracting State whose national law Article 19—by that Office, Authority or Bureau, as
provides for what is described in the second part of the case may be.
Article 37(4)(b) shall notify the International Bureau (c) The competent authority shall authorize the
in writing. rectification under this Rule of a mistake if, and only
(b) The notification referred to in paragraph (a) if, it is obvious to the competent authority that, as
shall be promptly published by the International at the applicable date under paragraph (f), something
Bureau in the Gazette, and shall have effect in else was intended than what appears in the document
respect of international applications filed more than concerned and that nothing else could have been
one month after the date of such publication. intended than the proposed rectification.
Rule 91 (d) In the case of a mistake in the description,

claims or drawings or in a correction or amendment
thereof, the competent authority shall, for the
Rectification of Obvious Mistakes in the purposes of paragraph (c), only take into account
International Application and Other the contents of the description, claims and drawings
Documents and, where applicable, the correction or amendment
concerned.
91.1 Rectification of Obvious Mistakes (e) In the case of a mistake in the request part
of the international application or a correction
(a) An obvious mistake in the international
thereof, or in a document referred to in paragraph
application or another document submitted by the
(b)(iv), the competent authority shall, for the
applicant may be rectified in accordance with this
purposes of paragraph (c), only take into account
Rule if the applicant so requests.
the contents of the international application itself
(b) The rectification of a mistake shall be subject and, where applicable, the correction concerned, or
to authorization by the “competent authority”, that the document referred to in paragraph (b)(iv),
is to say: together with any other document submitted with
(i) in the case of a mistake in the request part the request, correction or document, as the case may
of the international application or in a correction be, any priority document in respect of the
thereof—by the receiving Office; international application that is available to the
authority in accordance with the Administrative
(ii) in the case of a mistake in the description, Instructions, and any other document contained in
claims or drawings or in a correction thereof, unless the authority’s international application file at the
the International Preliminary Examining Authority applicable date under paragraph (f).
is competent under item (iii)—by the International
Searching Authority; (f) The applicable date for the purposes of
paragraphs (c) and (e) shall be:
(iii) in the case of a mistake in the
description, claims or drawings or in a correction (i) in the case of a mistake in a part of the
thereof, or in an amendment under Article 19 or 34, international application as filed—the international
where a demand for international preliminary filing date;
T-123 Rev. 08.2017, January 2018

(ii) in the case of a mistake in a document rectification under Rule 91.1 and shall promptly
other than the international application as filed, notify the applicant and the International Bureau of
including a mistake in a correction or an amendment the authorization or refusal and, in the case of
of the international application—the date on which refusal, of the reasons therefor. The International
the document was submitted. Bureau shall proceed as provided for in the
Administrative Instructions, including, as required,
(g) A mistake shall not be rectifiable under this notifying the receiving Office, the International
Rule if: Searching Authority, the International Preliminary
(i) the mistake lies in the omission of one or Examining Authority and the designated and elected
more entire elements of the international application Offices of the authorization or refusal.
referred to in Article 3(2) or one or more entire (b) Where the rectification of an obvious mistake
sheets of the international application; has been authorized under Rule 91.1, the document
(ii) the mistake is in the abstract; concerned shall be rectified in accordance with the
(iii) the mistake is in an amendment under
Article 19, unless the International Preliminary (c) Where the rectification of an obvious mistake
Examining Authority is competent to authorize the has been authorized, it shall be effective:
rectification of such mistake under paragraph (b)(iii); (i) in the case of a mistake in the international
or application as filed, from the international filing
(iv) the mistake is in a priority claim or in a date;
notice correcting or adding a priority claim under (ii) in the case of a mistake in a document
Rule 26 bis.1(a), where the rectification of the other than the international application as filed,
mistake would cause a change in the priority date; including a mistake in a correction or an amendment
provided that this paragraph shall not affect the of the international application, from the date on
operation of Rules 20.4, 20.5, 26 bis and 38.3. which that document was submitted.
(d) Where the competent authority refuses to
(h) Where the receiving Office, the International authorize a rectification under Rule 91.1, the
Searching Authority, the International Preliminary International Bureau shall, upon request submitted
Examining Authority or the International Bureau to it by the applicant within two months from the
discovers what appears to be a rectifiable obvious date of the refusal, and subject to the payment of a
mistake in the international application or another special fee whose amount shall be fixed in the
document, it may invite the applicant to request Administrative Instructions, publish the request for
rectification under this Rule. rectification, the reasons for refusal by the authority
and any further brief comments that may be
91.2 Requests for Rectification
submitted by the applicant, if possible together with
the international application. A copy of the request,
A request for rectification under Rule 91.1 shall be
reasons and comments (if any) shall if possible be
submitted to the competent authority within 26
included in the communication under Article 20
months from the priority date. It shall specify the
where the international application is not published
mistake to be rectified and the proposed rectification,
by virtue of Article 64(3).
and may, at the option of the applicant, contain a
brief explanation. Rule 26.4 shall apply mutatis (e) The rectification of an obvious mistake need
mutandis as to the manner in which the proposed not be taken into account by any designated Office
rectification shall be indicated. in which the processing or examination of the
international application has already started prior to
91.3 Authorization and Effect of the date on which that Office is notified under
Rule 91.3(a) of the authorization of the rectification
Rectifications
by the competent authority.
(a) The competent authority shall promptly (f) A designated Office may disregard a
decide whether to authorize or refuse to authorize a rectification that was authorized under Rule 91.1
Rev. 08.2017, January 2018 T-124

only if it finds that it would not have authorized the However, where a translation of the international
rectification under Rule 91.1 if it had been the application has been transmitted under Rule 23.1(b)
competent authority, provided that no designated or furnished under Rule 55.2, the language of such
Office shall disregard any rectification that was translation shall be used.
authorized under Rule 91.1 without giving the (b) Any letter from the applicant to the
applicant the opportunity to make observations, International Searching Authority or the International
within a time limit which shall be reasonable under Preliminary Examining Authority may be in a
the circumstances, on the Office’s intention to language other than that of the international
disregard the rectification. application, provided the said Authority authorizes
Rule 92 the use of such language.
(c) [Deleted]
Correspondence (d) Any letter from the applicant to the
International Bureau shall be in English, French or
92.1 Need for Letter and for Signature any other language of publication as may be
permitted by the Administrative Instructions.
(a) Any paper submitted by the applicant in the
course of the international procedure provided for (e) Any letter or notification from the
in the Treaty and these Regulations, other than the International Bureau to the applicant or to any
international application itself, shall, if not itself in national Office shall be in English or French.
the form of a letter, be accompanied by a letter 92.3 Mailings by National Offices and
identifying the international application to which it Intergovernmental Organizations
relates. The letter shall be signed by the applicant.
(b) If the requirements provided for in paragraph Any document or letter emanating from or
(a) are not complied with, the applicant shall be transmitted by a national Office or an
informed as to the non-compliance and invited to intergovernmental organization and constituting an
remedy the omission within a time limit fixed in the event from the date of which any time limit under
invitation. The time limit so fixed shall be reasonable the Treaty or these Regulations commences to run
in the circumstances; even where the time limit so shall be sent by air mail, provided that surface mail
fixed expires later than the time limit applying to may be used instead of air mail in cases where
the furnishing of the paper (or even if the latter time surface mail normally arrives at its destination within
limit has already expired), it shall not be less than two days from mailing or where air mail service is
10 days and not more than one month from the not available.
mailing of the invitation. If the omission is remedied
within the time limit fixed in the invitation, the 92.4 Use of Telegraph, Teleprinter, Facsimile
omission shall be disregarded; otherwise, the Machine, Etc.
applicant shall be informed that the paper has been
disregarded. (a) A document making up the international
(c) Where non-compliance with the requirements application, and any later document or
provided for in paragraph (a) has been overlooked correspondence relating thereto, may,
and the paper taken into account in the international notwithstanding the provisions of Rules 11.14 and
procedure, the non-compliance shall be disregarded. 92.1(a), but subject to paragraph (h), be transmitted,
to the extent feasible, by telegraph, teleprinter,
92.2 Languages facsimile machine or other like means of
communication resulting in the filing of a printed or
(a) Subject to Rules 55.1 and 55.3 and to written document.
paragraph (b) of this Rule, any letter or document
submitted by the applicant to the International (b) A signature appearing on a document
Searching Authority or the International Preliminary transmitted by facsimile machine shall be recognized
Examining Authority shall be in the same language for the purposes of the Treaty and these Regulations
as the international application to which it relates. as a proper signature.
T-125 Rev. 08.2017, January 2018

(c) Where the applicant has attempted to transmit (i) where the document concerned is the
a document by any of the means referred to in international application, the latter shall be
paragraph (a) but part or all of the received document considered withdrawn and the receiving Office shall
is illegible or part of the document is not received, so declare;
the document shall be treated as not having been
received to the extent that the received document is (ii) where the document concerned is a
illegible or that the attempted transmission failed. document subsequent to the international application,
The national Office or intergovernmental the document shall be considered as not having been
organization shall promptly notify the applicant submitted.
accordingly. (h) No national Office or intergovernmental
(d) Any national Office or intergovernmental organization shall be obliged to receive any
organization may require that the original of any document submitted by a means referred to in
document transmitted by any of the means referred paragraph (a) unless it has notified the International
to in paragraph (a) and an accompanying letter Bureau that it is prepared to receive such a document
identifying that earlier transmission be furnished by that means and the International Bureau has
within 14 days from the date of the transmission, published information thereon in the Gazette.
provided that such requirement has been notified to Rule 92bis
the International Bureau and the International Bureau
has published information thereon in the Gazette.
The notification shall specify whether such
Recording of Changes in Certain Indications
requirement concerns all or only certain kinds of in the Request or the Demand
documents.
92 bis.1 Recording of Changes by the
(e) Where the applicant fails to furnish the
International Bureau
original of a document as required under paragraph
(d), the national Office or intergovernmental
(a) The International Bureau shall, on the request
organization concerned may, depending on the kind
of the applicant or the receiving Office, record
of document transmitted and having regard to Rules
changes in the following indications appearing in
11 and 26.3,
the request or demand:
(i) waive the requirement under paragraph
(i) person, name, residence, nationality, or
(d), or
address of the applicant,
(ii) invite the applicant to furnish, within a
(ii) person, name, or address of the agent, the
time limit which shall be reasonable under the
common representative, or the inventor.
circumstances and shall be fixed in the invitation,
the original of the document transmitted, provided (b) The International Bureau shall not record the
that, where the document transmitted contains requested change if the request for recording is
defects, or shows that the original contains defects, received by it after the expiration of 30 months from
in respect of which the national Office or the priority date.
intergovernmental organization may issue an
Rule 93
invitation to correct, that Office or organization may
issue such an invitation in addition to, or instead of,
proceeding under item (i) or (ii). Keeping of Records and Files
(f) Where the furnishing of the original of a
93.1 The Receiving Office
document is not required under paragraph (d) but
the national Office or intergovernmental organization
Each receiving Office shall keep the records relating
considers it necessary to receive the original of the
to each international application or purported
said document, it may issue an invitation as provided
international application, including the home copy,
for under paragraph (e)(ii).
for at least 10 years from the international filing date
(g) If the applicant fails to comply with an
invitation under paragraph (e)(ii) or (f):
Rev. 08.2017, January 2018 T-126

or, where no international filing date is accorded, (b) A communication under paragraph (a) shall,
from the date of receipt. where so agreed by the International Bureau and the
designated or elected Office concerned, be
93.2 The International Bureau considered to be effected at the time when the
International Bureau makes the document available
(a) The International Bureau shall keep the file, to that Office in electronic form in a digital library,
including the record copy, of any international in accordance with the Administrative Instructions,
application for at least 30 years from the date of from which that Office is entitled to retrieve that
receipt of the record copy. document.
(b) The basic records of the International Bureau Rule 94
shall be kept indefinitely.
Access to Files
93.3 The International Searching and
Preliminary Examining Authorities
94.1 Access to the File Held by the
Each International Searching Authority and each International Bureau
International Preliminary Examining Authority shall
(a) At the request of the applicant or any person
keep the file of each international application it
authorized by the applicant, the International Bureau
receives for at least 10 years from the international
shall furnish, subject to reimbursement of the cost
filing date.
of the service, copies of any document contained in
its file.
93.4 Reproductions
(b) The International Bureau shall, at the request
For the purposes of this Rule, records, copies and of any person but not before the international
files may be kept as photographic, electronic or other publication of the international application and
reproductions, provided that the reproductions are subject to Article 38 and paragraphs (d) to (g),
such that the obligations to keep records, copies and furnish copies of any document contained in its file.
files under Rules 93.1 to 93.3 are met. The furnishing of copies may be subject to
reimbursement of the cost of the service.
Rule 93bis (c) The International Bureau shall, if so
requested by an elected Office, furnish copies of the
Manner of Communication of Documents international preliminary examination report under
paragraph (b) on behalf of that Office. The
International Bureau shall promptly publish details
93 bis.1 Communication on Request;
of any such request in the Gazette.
Communication via Digital Library
(d) The International Bureau shall not provide
(a) Where the Treaty, these Regulations or the access to any information contained in its file which
Administrative Instructions provide for the has been omitted from publication under Rule 48.2(l)
communication, notification or transmittal and to any document contained in its file relating to
(“communication”) of an international application, a request under that Rule.
notification, communication, correspondence or (e) Upon a reasoned request by the applicant,
other document (“document”) by the International the International Bureau shall not provide access to
Bureau to any designated or elected Office, such any information contained in its file and to any
communication shall be effected only upon request document contained in its file relating to such a
by the Office concerned and at the time specified by request, if it finds that:
that Office. Such request may be made in relation
to individually specified documents or a specified (i) this information does not obviously serve
class or classes of documents. the purpose of informing the public about the
international application;
T-127 Rev. 08.2017, January 2018

(ii) public access to such information would 94.1ter Access to the File Held by the
clearly prejudice the personal or economic interests International Searching Authority
of any person; and
(a) At the request of the applicant or any person
(iii) there is no prevailing public interest to
authorized by the applicant, the International
have access to that information.
Searching Authority may provide access to any
document contained in its file. The furnishing of
Rule 26.4 shall apply mutatis mutandis as to the
copies of documents may be subject to
manner in which the applicant shall present the
information which is the subject of a request made
under this paragraph. (b) The International Searching Authority may,
at the request of any person, but not before the
(f) Where the International Bureau has omitted
international publication of the international
information from public access in accordance with
application and subject to paragraph (c), provide
paragraphs (d) or (e), and that information is also
access to any document contained in its file. The
contained in the file of the international application
furnishing of copies of documents may be subject
held by the receiving Office, the International
to reimbursement of the cost of the service.
Searching Authority, the Authority specified for
supplementary search or the International (c) The International Searching Authority shall
Preliminary Examining Authority, the International not provide access under paragraph (b) to any
Bureau shall promptly notify that Office and information in respect of which it has been notified
Authority accordingly. by the International Bureau that the information has
been omitted from publication in accordance
(g) The International Bureau shall not provide
withRule 48.2(l) or from public access in accordance
access to any document contained in its file which
with Rule 94.1(d) or (e).
was prepared solely for internal use by the
International Bureau. (d) Paragraphs (a) to (c) shall apply mutatis
mutandis to the Authority specified for
94.1bis Access to the File Held by the supplementary search.
Receiving Office
94.2 Access to the File Held by the
(a) At the request of the applicant or any person International Preliminary Examining
authorized by the applicant, the receiving Office Authority
may provide access to any document contained in
its file. The furnishing of copies of documents may (a) At the request of the applicant or any person
be subject to reimbursement of the cost of the authorized by the applicant, the International
service. Preliminary Examining Authority shall provide
access to any document contained in its file. The
(b) The receiving Office may, at the request of
furnishing of copies of documents may be subject
any person, but not before the international
to reimbursement of the cost of the service.
publication of the international application and
subject to paragraph (c), provide access to any (b) At the request of any elected Office, but not
document contained in its file. The furnishing of before the establishment of the international
copies of documents may be subject to preliminary examination report and subject to
reimbursement of the cost of the service. paragraph (c), the International Preliminary
Examining Authority shall provide access to any
(c) The receiving Office shall not provide access
document contained in its file. The furnishing of
under paragraph (b) to any information in respect of
copies of documents may be subject to
which it has been notified by the International
Bureau that the information has been omitted from
publication in accordance with Rule 48.2(l) or from (c) The International Preliminary Examining
public access in accordance with Rule 94.1(d) or (e). Authority shall not provide access under paragraph
(b) to any information in respect of which it has been
notified by the International Bureau that the
Rev. 08.2017, January 2018 T-128

information has been omitted from publication in concerning an international application within two
accordance with Rule 48.2(l) or from public access months, or as soon as reasonably possible thereafter,
in accordance with Rule 94.1(d) or (e). of the occurrence of any of the following events:
94.2bis Access to the File Held by the
(i) following the performance by the applicant
Designated Office of the acts referred to in Article 22 or Article 39, the
date of performance of those acts and any national
If the national law applicable by any designated application number which has been assigned to the
Office allows access by third parties to the file of a international application;
national application, that Office may allow access
to any documents relating to the international (ii) where the designated or elected Office
application, contained in its file, to the same extent explicitly publishes the international application
as provided by the national law for access to the file under its national law or practice, the number and
of a national application, but not before the earliest date of that national publication;
of the dates specified in Article 30(2)(a). The (iii) where a patent is granted, the date of grant
furnishing of copies of documents may be subject of the patent and, where the designated or elected
to reimbursement of the cost of the service. Office explicitly publishes the international
application in the form in which it is granted under
94.3 Access to the File Held by the Elected its national law, the number and date of that national
Office publication.
95.2 Furnishing of Copies of Translations
If the national law applicable by any elected Office
allows access by third parties to the file of a national (a) At the request of the International Bureau,
application, that Office may allow access to any any designated or elected Office shall provide it with
documents relating to the international application, a copy of the translation of the international
including any document relating to the international application furnished by the applicant to that Office.
preliminary examination, contained in its file, to the
same extent as provided by the national law for (b) The International Bureau may, upon request
access to the file of a national application, but not and subject to reimbursement of the cost, furnish to
before the earliest of the dates specified in Article any person copies of the translations received under
30(2)(a). The furnishing of copies of documents may paragraph (a).
be subject to reimbursement of the cost of the Rule 96
service.
The Schedule of Fees
Rule 95
96.1 Schedule of Fees Annexed to
Information and Translations from Regulations
Designated and Elected Offices
The amounts of the fees referred to in Rules 15,
95.1 Information Concerning Events at the 45 bis.2 and 57 shall be expressed in Swiss currency.
Designated and Elected Offices They shall be specified in the Schedule of Fees
which is annexed to these Regulations and forms an
Any designated or elected Office shall notify the integral part thereof.
International Bureau of the following information
T-129 Rev. 08.2017, January 2018

SCHEDULE OF FEES
(applicable to any international application received by the receiving Office on or after July 1, 2015)
Fees Amounts
1. International filing fee: 1,330 Swiss francs plus 15 Swiss francs for each sheet
(Rule 15.2) of the international application in excess of 30 sheets
2. Supplementary search handling fee: 200 Swiss francs
(Rule 45 bis.2)
3. Handling Fee: 200 Swiss francs
(Rule 57.2)
Reductions
4. The international filing fee is reduced by the following amount if the international application is, as provided
for in the Administrative Instructions, filed:
(a) in electronic form, the request not being in character coded format: 100 Swiss francs
(b) in electronic form, the request being in character coded format: 200 Swiss francs
(c) in electronic form, the request, description, claims and abstract being in character coded format: 300
Swiss francs
5. The international filing fee under item 1 (where applicable, as reduced under item 4), the supplementary search
handling fee under item 2 and the handling fee under item 3 are reduced by 90% if the international application
is filed by:
(a) an applicant who is a natural person and who is a national of and resides in a State that is listed as being
a State whose per capita gross domestic product is below US$25,000 (according to the most recent
10-year average per capita gross domestic product figures at constant 2005 US$ values published by
the United Nations), and whose nationals and residents who are natural persons have filed less than 10
international applications per year (per million population) or less than 50 international applications per
year (in absolute numbers) according to the most recent five-year average yearly filing figures published
by the International Bureau; or
(b) an applicant, whether a natural person or not, who is a national of and resides in a State that is listed as
being classified by the United Nations as a least developed country;
provided that, if there are several applicants, each must satisfy the criteria set out in either sub-item (a) or (b). The
lists of States referred to in sub-items (a) and (b) 1 shall be updated by the Director General at least every five
years according to directives given by the Assembly. The criteria set out in sub-items (a) and (b) shall be reviewed
by the Assembly at least every five years.
_______________________
1 Editor’s Note: The first lists of States were published in the Gazette of February 12, 2015, page 32 (see
www.wipo.int/pct/en/official_notices/index.html).
Rev. 08.2017, January 2018 T-130

PCT INDEX
LEGEND
Acronym/Term Meaning
Art. Patent Cooperation Treaty Article
A.I. Patent Cooperation Treaty Administrative Instruction
CFR U.S. Code of Federal Regulations
DO Designated Office
EO Elected Office
HC Home Copy of International Application
IA International Application
IB International Bureau
IPE International Preliminary Examination
IPEA International Preliminary Examining Authority
IPER International Preliminary Examination Report
Ipub International Publication
IS International Search
ISA International Searching Authority
ISR International Search Report
PCT Patent Cooperation Treaty
PD Priority Date of Earlier Filed National Application
RC Record Copy of International Application
RO Receiving Office
Rule Patent Cooperation Treaty Rule
SC Search Copy of International Application
U.S.C. United States Code
USPTO United States Patent and Trademark Office
Administrative instructions - scope, source, entry into
A
force ........................................................ Rule 89
Abandonment of IA as to USPTO ........................... Administrative provisions of the PCT
.................................................... 37 CFR 1.495(h) Assembly .................... ........................ Art. 53
Abbreviated expressions used in IA Committee for technical cooperation .. Art. 56
Meaning of .............. A.I. 101 37 CFR 1.401 Executive committee .......................... Art. 54
Codes/Indications ............................ A.I. 115 Finances .............................................. Art. 57
Abstract ......................... ............................. Rule 8 International Bureau .......................... Art. 55
Amendment by ISA in response to applicant’s Regulations ........................................ Art. 58
comments ........................................ A.I. 515 Agent
Missing or defective .......................... Rule 38 See also Common representative
U.S. Rule regarding ................ 37 CFR 1.438 See also Representative
Absence of quorum in assembly, voting ... Rule 85 “Applicant” encompasses the term “agent” in
Access to files ....... ........... Rule 94 37 CFR 1.14 certain situations ............................ Rule 2.1
Additional (new) matter in request, deletion of ....... Appointment of .............................. Rule 90.1
................................................................... A.I. 303 Changes, recording of by IB .... Rule 92 bis.1
Addresses of applicants, inventors and agents ........ In general ............ Rule 2.2, Rule 4.7, Rule 90
................................................................... Rule 4.4 Indications concerning,
T-131 Rev. 08.2017, January 2018

In demand ................ Rule 53.2 , Rule 53.5 Different applicants for different designated
In request ............ Art. 4, Rule 4.1, Rule 4.7 states .......................... Rule 4.5(d), A.I. 203
National law requirements ................................ Entitled to make a demand ................................
.................................... Art. 27, Rule 51 bis.1b ........................................... Art. 31(2), Rule 54
Notice of change of agent sent to IB ................. First named used to identify IA ........ A.I. 105
............................................................. A.I. 328 In general ..........................................................
Notice of change of agent sent from IB to RO, .............. Art. 9, Rule 2.1 , Rule 4.5 , Rule 18
ISA and IPEA ................................ A.I. 425 Recording by IB of changes regarding applicant
Notice of change of agent sent from ISA to IB. ....................................................... Rule 92 bis
............................................................. A.I. 512 U.S. regulations regarding ...... 37 CFR 1.421
Notice of change of agent sent from IPEA to IB Application - See International application
............................................................. A.I. 608 Assembly of PCT contracting states .. ...... Art. 53
Right of agent to practice before international Executive committee established by .... Art. 54
authorities .......................................... Art. 49 Assignment
Amendment Of IA, possible requirement to furnish to a
Copy of amendment under Article 19 for IPEA national Office ........................ Rule 51 bis.1
............................................................ Rule 62 Recording by USPTO if U.S. is a designated
Copy of amendment under Article 19 sent country in the IA .................... 37 CFR 3.21
(communicated) to DO .................................... Authorized officer ...................................................
........................................ Art. 20, Rule 47.1(b) ............... Rule 43.8, Rule 70.14, A.I. 514, A.I. 612
Definition of, before IPEA ............ Rule 66.5 Availability of translation of IA to IB ...... Rule 95
Form of, before IPEA .................... Rule 66.8
B
Language of amendments to the IA ..................
.......................................................... Rule 12.2 Biological material invention, .... ........ Rule 13 bis
Processing of Article 19 amendment by IB ...... Deposited, Indications as to .............. A.I. 209
............................................................. A.I. 417 See also
Processing of by IPEA ...................... A.I. 602 Nucleotide or amino acid sequence listing
Of abstract by ISA ............................ A.I. 515 Sequence listing
Of claims before DO ............ Art. 28, Rule 52
Of claims before IB .............. Art. 19, Rule 46 C
Of claims before IPEA ...................................... Calendar (Gregorian to express dates) .... Rule 79
................... Art. 34 Rule 66.3 37 CFR 1.485 See also Dates
Of claims before EO ............ Art. 41, Rule 78 Changes in person, name or address of applicants and
Of claims Numbering and identification in inventors (international phase) .... 37 CFR 1.472
amendment ...................................... A.I. 205 National stage inventorship ...............................
Of description before IPEA .............................. ......................... 37 CFR 1.41(e) 37 CFR 1.48
................... Art. 34 Rule 66.3 37 CFR 1.485 Check list (In request)
Of description before DO .... Art. 28, Rule 52 Re documents filed with IA .............. Rule 3.3
Of description before EO .... Art. 41, Rule 78 Necessary annotations by RO .......... A.I. 313
Of drawings before DO ........ Art. 28, Rule 52 Citations (proper) of documents in the ISR .............
Of drawing before EO .......... Art. 41, Rule 78 ................................................................... A.I. 503
Of drawing before IPEA ................................... Claims
..................................... Art. 34 37 CFR 1.485 Amendment before DO ........ Art. 28, Rule 52
Of certain PCT provisions .................. Art. 61 Amendment before EO ........ Art. 41, Rule 78
See also Revision of PCT Amendment before IB .......... Art. 19, Rule 46
Of PCT regulations .............. Rule 88, Art. 58 Amendment before IPEA ..................................
Sheet(s) later submitted for incorporation by ........................... Art. 34, Rule 66.4, Rule 66.8
reference .......................................... A.I. 309 In general .................................. Art. 6, Rule 6
Applicant Numbering and identification upon amendment
Changes before RO/US .......... 37 CFR 1.472 ............................................................. A.I. 205
U.S. regulation regarding ........ 37 CFR 1.436
Rev. 08.2017, January 2018 T-132

Classification of IA subject matter .......... A.I. 504 After which applicant can request RO to
Committee established by assembly of states ......... certify copy of IA as identical with IA as
..................................................................... Art. 56 filed and applicant can send certified copy
Common representative .... Rule 2.2 bis, Rule 90.2 to IB (14 months from PD) ... Rule 22.1
Change of .......................................... A.I. 106 To correct Article 14(1) defects in IA ......
Notice of change sent from RO to IB and ISA . ............................................ Art. 14(1)(b)
............................................................. A.I. 328 Extensions of time available ... Rule 26.2
Notice of change sent from IB to RO, ISA, & To correct defects under Article 11 to obtain
IPEA ................................................ A.I. 425 an international filing date ......................
Notice of change sent by ISA to IB ... A.I. 512 .................................. Art. 11(2), Rule 20
Notice of change sent by IPEA to IB ................ To provide missing drawings (two months)
............................................................. A.I. 608 ...... Art. 14(2) Rule 20.7 37 CFR 1.437
Communication To pay deficiencies in transmittal fee ( Rule
From IB, of IA, ISR, or any Article 17(2)(a) 14 ), international filing fee ( Rule 15.1 ),
determination and indication that no search will search fee ( Rule 16 ), late payment fee (
be established, to each DO .. Art. 20, Rule 47 Rule 16 bis.2 ) ........................................
Communication transmitted electronically .............. ... Art. 14(3) Rule 16 bis 37 CFR 1.431
.............. Rule 89 bis , A.I. 701 - 714, A.I. Annex F Extension of time - One month set by RO
Competent IPEA ................. ..................... Rule 59 when RO finds deficiency ......................
Competent ISA ........... ............... Art. 16, Rule 35 ............................................ Rule 16 bis.1
Competent RO .................... Art. 11(1)(i), Rule 19 To pay deficiencies when RO finds
Confidential nature discrepancies before fees are due ...........
Of IA .................................................. Art. 30 .................................................... A.I. 304
Of IPE ................................................ Art. 38 (2) Before the ISA
Confirmation copy of facsimile transmission (N/A in To amend claims under Article 19 before
U.S.) ................ .................... Rule 92.4, A.I. 331 IB ........................................ Rule 46.1
Continuation or continuation-in-part, IA treated as in To submit priority document ....................
any designated state .. ...... Rule 4.11, 49 bis.1(d) ................................................. Rule 17.1
Copies Where lack of unity of invention is held ..
In electronic form ......... Art. 17(3) Rule 40 37 CFR 1.476
Of documents filed on paper .... Rule 89 ter (3) Before the IPEA
Of international application in pre-conversion To amend claims, description, or drawings
format .......................................... A.I. 706 under Article 34 before the IPE ..............
Making home copy and search copy from original ........................... Rule 66 37 CFR 1.485
IA by RO ............................ Art. 12, Rule 21 To amend claims, description, or drawings
Identifying RC, SC, and HC by RO .............. under Article 34 before the IPEA ...........
...................................... A.I. 305, A.I. 804(d) .......................... Rule 66.1, Rule 66.4 bis
Correction of request by RO ex officio .. A.I. 327 To correct defects in demand ...................
Corrections and amendments during international ................................................. Rule 60.1
processing. ............. ................. Rule 26, Rule 46 To file a demand .................. Rule 54 bis
Correspondence To provide translation of priority document
For applicant, to whom sent .............. A.I. 108 upon invitation by IPEA ...... Rule 66.7
In general .......................................... Rule 92 To respond (including Article 34
amendments) to a written opinion within
D
time set therein .................... Rule 66.2
Dates (using Gregorian calendar) .... ........ Rule 79 Time for reply set in written opinion is
Format of, in IA ................................ A.I. 110 non-extendable ........ 37 CFR 1.484(d)
Deadlines (See also Time limit) Where lack of unity of invention is held by
Applicable to Applicants IPEA .......................................................
(1) Before the RO ...... Art. 34(3) Rule 68.2 37 CFR 1.488
T-133 Rev. 08.2017, January 2018

When filing a demand for IPE, must pay Entitlement to apply for a patent .......................
handling fee ............................ Rule 57 ...... Rule 4.17(ii), Rule 51 bis.1(a)(ii), A.I. 212
When seeking IPE, preliminary examination Entitlement to claim priority .............................
fee ...................................... Rule 58 bis .... Rule 4.17(iii), Rule 51 bis.1(a)(iii), A.I. 213
(4) Before the DO/EO Exceptions to lack of novelty ...........................
To enter the National Stage under 35 U.S.C. ...... Rule 4.17(v), Rule 51 bis.1(a)(v), A.I. 215
371 .............................. 37 CFR 1.495 Identity of inventor ...........................................
To amend claims description, or drawing ........ Rule 4.17(i), Rule 51 bis.1(a)(i), A.I. 211
under Article 28 before the DO .............. Inventorship .......................................................
.................................................... Rule 52 .... Rule 4.17(iv), Rule 51 bis.1(a)(iv), A.I. 214
To amend claims, description, or drawings Non-prejudicial disclosures .............................
before EO (varies) .................. Rule 78 ...... Rule 4.17(v), Rule 51 bis.1(a)(v), A.I. 215
Applicable to the RO Processing by IB ...... Rule 26 ter.2, A.I. 419
For RO to check certain elements of IA ......... Defects
........................................................ Rule 26.1 Correction
For RO to hold IA withdrawn for lack of Of indications re applicant’s residence or
compliance with Article 11(1), items (i) to (iii) nationality .................................... A.I. 329
after IA has already been accorded a filing Of obvious defects, by RO ............ A.I. 325
date .............................. Art. 14(4), Rule 30 Of request, ex officio, by RO ........ A.I. 327
For RO to transmit record copy to IB ............. Processing by IB ............................ A.I. 413
........................................................... Rule 22 IA held withdrawn because of failure to correct
For RO to transmit search copy to ISA .......... certain defects .............................. Rule 29.1
........................................................... Rule 23 In abstract .......................................... Rule 38
Applicable to the IB In certain original documents submitted to
For IB to notify applicant, RO, ISA and DO of national Office .............................. Rule 92.4
fact and date receipt of record copy of IA .... In demand ...................................... Rule 60.1
........................................................... Rule 24 In drawings furnished to DO under Rule 49.5,
International publication of IA promptly after possibly permitting correction by invitation ...
expiration of 18 months from PD, unless ...................................................... Rule 49.5(g)
earlier publication requested under Articles In power of attorney - consequences .................
21(2)(b) and 64(3)(c)(i) .... Art. 21, Rule 48 ...................................................... Rule 90.4(c)
Applicable to the ISA In the title .......................................... Rule 37
For ISA to establish the ISR .......... Rule 42 Invitation to correct Article 14(1)(b) defects ....
Applicable to the IPEA ..................................................... Rule 26.3 bis
For IPEA to establish the IPER ... Rule 69.2 Invitation to correct Article 3(4)(i) defects .......
For IPEA to start IPE .................. Rule 69.1 ..................................................... Rule 26.3 ter
IPEA shall promptly notify applicant of receipt Noted by IB ...................................... Rule 28
of the demand ............................ Rule 61.1 Definition of PCT terms .... Art. 2 37 CFR 1.401
Deceased inventor (U.S. Rule) ........ 37 CFR 1.43 Delays in meeting time limits, excuse of .................
Declarations relating to national requirements ........ .......................................... Rule 82 37 CFR 1.468
..... Rule 4.17, Rule 51 bis.1(a), A.I. 211 - A.I. 215 Demand for international preliminary examination
Correction of or addition of .............................. (IPE)
...................... Rule 26 ter.1, A.I. 216, A.I. 317 Applicant entitled to make demand .... Rule 54
Ex officio corrections are not to be made Copy sent by IPEA to IB ................ Rule 61.1
by RO .................................. A.I. 327(d) Defects in ........................................ Rule 60.1
by IB .................................... A.I. 419(c) Evidence of right to file demand ...... A.I. 614
Invitation for, by IB or RO ............................. Filed with other than a competent IPEA, treatment
.............................................. Rule 26 ter.2(a) of .......................................................... 59.3
Processing by IB ............................................. In general .............................. Art. 31, Rule 53
............................... Rule 26 ter.2(b), A.I. 419 Not considered to have been made: Notification
by IB to EOs .................................... A.I. 418
Rev. 08.2017, January 2018 T-134

Notice sent by IPEA re filing after 19 months Manner of marking necessary annotations in
from PD .......................................... A.I. 601 checklist sent to IB by RO with RC of IA .......
Publication of notice of demand .... Rule 61.4 ............................................................. A.I. 313
Recording by IB of changes: ...... Rule 92 bis Drawing(s)
Notifications regarding this sent by IB ........... Amendment of, before DO .... Art. 28, Rule 52
.......................................................... A.I. 422 Amendment of, before EO .... Art. 41, Rule 78
Time limit for making .................. Rule 54 bis Amendment of, before IPEA .............. Art. 34
U.S. regulation regarding ........ 37 CFR 1.480 Flowsheets and diagrams considered as ............
Deposited microorganism ............................................................ Rule 7.1
Indications on separate sheet ............................ In general .................................. Art. 7, Rule 7
....................................... Rule 13 bis , A.I. 209 Missing - RO procedure concerning .................
Description ........................................... Rule 20.5, A.I. 310
Amendment before DO ........ Art. 28, Rule 52 Time set to file where not necessary to
Amendment before EO ........ Art. 41, Rule 78 understanding of invention ............ Rule 7.2
Amendment before IPEA .................. Art. 34 Referred to, but not included in IA ...................
Headings for parts of ........................ A.I. 204 .......................................................... Art. 14(2)
In general .................................. Art. 5, Rule 5 U.S. regulation regarding ........ 37 CFR 1.437
Of nucleotide/amino acid sequence ..................
E
..................................... Rule 5.2, A.I. Annex C
U.S. regulation regarding ........ 37 CFR 1.435 Elected Office (EO)
Design - not mentioned as subject matter for IA ..... Notification to IB of number of applications filed
................................................................... Art. 2(i) after national stage deadline ............ A.I. 112
Designated Office (DO) U.S. as .................................... 37 CFR 1.414
Amendment of claims, description, and drawings Election(s)
before DO .......................... Art. 28, Rule 52 Cancellation of ex officio by IB ... A.I. 423(b)
Communication of IA, ISR, or declaration under Cancellation of ex officio by IPEA ..................
Article 17(2)(a) .................. Art. 20, Rule 47 ............................................................ A.I. 606
Not accepting sequence listings in electronic form Errors
................................................ Rule 13 ter.3 By RO or IB, rectification of ........ Rule 82 ter
Notification by DO to IB of number of IAs that Ex Officio correction of request by RO ... A.I. 327
did not enter the national stage timely ............ Expenses of delegations ........... ............... Rule 84
............................................................. A.I. 112 Expressions and language, not to be used ... Rule 9
Opportunity to correct IA before DO .. Art. 26 See also Language prohibited
Review by .......................................... Art. 25 Correction of .................................... A.I. 501
U.S. regulation regarding ........ 37 CFR 1.414 Extension of time
Designated states Before IPEA ................................ Rule 58 bis
Possible loss of effect in .................... Art. 24 to pay international filing fee, search fee,
Withdrawal of/held withdrawn .......................... and transmittal fee - under Rules 14, 15,
......................... Art. 24, Rule 29, Rule 90 bis.2 and 16 .......................................... Rule 16 bis
Designation of States
Cancellation, ex officio, by IB ........ A.I. 423 F
Cancellation of designations of noncontracting Fee(s)
States by RO, ex officio ................ A.I. 318 Additional fees per invention where lack of unity
U.S. regulation regarding ........ 37 CFR 1.432 is found by
Diagrams, considered as drawings .......... Rule 7.1 IPEA/US .........................................................
Disputes ........................ ............................ Art. 59 ...... Art. 34(3) Rule 68 37 CFR 1.482(a)(2)
Docket reference (applicant’s IA file reference) ..... ISA/US ...........................................................
................................................................... A.I. 109 ...... Art. 17(3) Rule 40 37 CFR 1.445(a)(3)
Documents cited in ISR ........... ............... A.I. 503 Application of money received by RO in certain
Documents filed with IA cases ................................................ A.I. 321
Associated with demand
T-135 Rev. 08.2017, January 2018

Handling fee ................................................... File (IA) reference (IA docket no. of applicant) .....
......... Rule 57, Rule 96.1 37 CFR 1.482(b) ................................................................... A.I. 109
Late payment fees .......... Rule 58 bis.2 On IA sheets .............................. Rule 11.6(f)
Time limit for payment ........................... Filing date
.......................... Rule 57.3, Rule 58 bis.1 Certificate of U.S. Postal Service Express Mail
Preliminary examination fee .......................... .................................. Rule 20 37 CFR 1.10
............................. Rule 58 37 CFR 1.482(a) Of IA .......................... Art. 11, 35 U.S.C. 363
Late payment fees .......... Rule 58 bis.2 Finances (budget) of union of PCT states .. Art. 57
Time limit for payment ........................... Flowsheets, considered as drawings . ..... Rule 7.1
..................... Rule 58.1(b), Rule 58 bis.1 Form(s)
Associated with request Computer generated ............ A.I. 102(h) & (i)
Extension of time to pay international filing fee, Request ............................................ Rule 3.1
search fee, and transmittal fee - under Rules Demand ...................................... Rule 53.1(a)
14, 15, and 16 .......................... Rule 16 bis PCT .......................................... A.I. Annex A
International filing fees .................. Rule 15 PCT, use of ........................................ A.I. 102
International filing fee .............................
G
................................... Rule 15, Rule 96.1
PCT search fee ................................ Rule 16 Gazette, PCT ............................................................
U.S. regulation regarding. ........................ .............. Rule 86 , A.I. 407, A.I. Annexes D and E
..................................... 37 CFR 1.445(b) Free communication of, to ISA, IPEA, national
Transmittal fee ................................ Rule 14 Office .............................................. Rule 87
U.S. rule ................ 37 CFR 1.445(a)(1)
Invitation by RO to pay before date due ........... H
............................................................. A.I. 304 Handling fee for IPE (re demand) ...........................
Invitation by RO to request search fee refund. . .................... Rule 57 Rule 96.1 37 CFR 1.482(b)
............................................................. A.I. 322 Home Copy (HC) of IA, preparation of .................
Invitation to pay fees ........................ A.I. 320 ............................................... Rule 21, A.I. 305 bis
Invitation to request refund of fees before IPEA
............................................................. A.I. 613 I
Lack of payment of ............................ Rule 27 Identification
Late payment fee re international filing fee, search Of copies of the IA .......................... A.I. 305
fee, and transmittal fee - under Rules 14, 15, and Of DO .............................................. A.I. 107
16 ............................................ Rule 16 bis.2 Of EO ................................................ A.I. 107
National stage fee to DO .................... Art. 22 Of IA having two or more applicants ................
U.S. statute regarding .......... 35 U.S.C. 376 ............................................................. A.I. 105
U.S. regulation regarding .... 37 CFR 1.492 Of IA file (docket reference by applicant) ........
National stage fee to EO .................... Art. 39 ............................................................. A.I. 109
U.S. statute regarding .......... 35 U.S.C. 376 Of international authorities .............. A.I. 107
U.S. regulation regarding .... 37 CFR 1.492 Incorporation by reference ......................................
Preliminary examination fee .............. Rule 58 .................... Rule 4.18, Rule 20.6, Rule 82 ter.1(b)
Refund of IA filing and processing fees ........... Indications (two letter codes identifying countries and
.................. Rule 15.4, Rule 16.2, Rule 40.2(c) other entities) .................. ...................... A.I. 115
U.S. regulation regarding .... 37 CFR 1.446 Industrial applicability .............................................
Schedule of fees ................................ Rule 96 . Art.33(4),Art.34(4),Article35(2),Rule66.2,PCTRule70.6
Special fees for publication, payable to the IB . Intellectual property protected under PCT ..............
............................................................. A.I. 113 ................................................................... Art. 2(i)
Surcharge for filing oath or declaration later than International application (IA)
30 months from PD under 37 CFR 1.495(c) .. Application no. ................................ A.I. 307
.............................................. 37 CFR 1.492(h) Indelibly marked on each sheet of IA ............
Transmittal fee .................................................. .......................................................... A.I. 308
........................... Rule 14 37 CFR 1.445(a)(1) Arrangement of contents/elements .... A.I. 207
Rev. 08.2017, January 2018 T-136

Availability of, to DO ........................ Art. 13 In general ............................................ Art. 55

Certain defects in ................................ Art. 14 Patent information services provided by ...........
Checking by RO and correcting parts of before .............................................................. Art. 50
RO .................................................... Rule 26 U.S. regulation regarding ........ 37 CFR 1.415
Communicated (sent) to each DO by IB ........... International filing fee .............................. Rule 15
................................................ Art. 20, Rule 47 International filing date ............................ Rule 20
Considered withdrawn ...................................... International preliminary examination (IPE)
. Rule 12.2, Rule 15.4, Rule 16.2, Rule 26.5, Rule 29 Conduct of, in U.S. ................ 37 CFR 1.484
Copy of IA sent from IB to IPEA .... A.I. 420 Confidential nature of ........................ Art. 38
Copy, translation and national fee to EO .......... Copy, translation and fee for, furnished to EO ..
.............................................................. Art. 39 .............................................................. Art. 39
Effect of IA designation of U.S ........................ Delay to enter national stage .............................
................................................... 35 U.S.C. 363 ........................................ Art. 39(1)(a), Art. 40
Filing date and effects of ...... Art. 11, Rule 20 Demand for ........................................ Art. 31
Filing in electronic form ................................... Withdrawal of .................................. Art. 37
. Rule 89 bis , A.I. 701 - A.I. 713, A.I. Annex F In general ............................................ Art. 33
In general .............................................. Art. 3 Inventive step .................. Rule 65, Art. 33(3)
Ipub number of ................................ A.I. 404 IPEA .................................................. Art. 32
Language of ...................................... Rule 12 Top-up search performed by .... Rule 66.1 ter
Numbering - three sets: one for request, another IPER .................................... Art. 35, Rule 70
for description, and a third for drawings ......... Communication of IPER ................ Rule 73
............................................................. A.I. 207 Guidelines for explanations in ...... A.I. 604
Numbering system of IA. ................ .A.I. 307 Method of identifying documents cited in .....
Copy of notification of IA number and IA filing .......................................................... A.I. 611
and PD(s) sent to IB .................... A.I. 324 Translation of .................................. Rule 72
Marking each sheet of IA with ...... A.I. 308 Translation of annexes and transmittal ...........
Physical requirements of ................................... ........................................................... Rule 74
................................... Rule 11, 37 CFR 1.433 Prior art for ........................................ Rule 64
Publication of .................................... Rule 48 Start of, and time limit for ................ Rule 69
Purported IA, notification of receipt of, by RO Transmittal, translation, and communication
............................................................. A.I. 301 of IPER to applicant and IB .. Art. 36, Rule 71
Requirements, U.S. regulation regarding .......... Use of same file for ISA and IPEA ... A.I. 605
.................................................. 37 CFR 1.431 Written opinion by IPEA .... Art. 34 , Rule 66
Sheet numbering (separate sets for request, Amendment of claims, description, and
description, and drawings) .............. A.I. 207 drawing under Article 34 in response to ......
For Ipub ............................................ A.I. 410 ........................................................... Art. 34
Sheet(s) International Preliminary Examining Authority
Cancellation, substitution, addition, (IPEA)
renumbering by RO ...................... A.I. 311 Competent IPEA ................................ Rule 59
Translation of IA sent by applicant to DO ........ In general ............................................ Art. 32
.............................................................. Art. 22 Lack of unity determination .............. Rule 68
Transmittal of IA to IB and ISA ........ Art. 12 Minimum requirements for .............. Rule 63
Transmittal of IA to IB as RO ........................... Nonexaminable subject matter .......... Rule 67
........................................... Rule 19.4, A.I. 333 Notification by IPEA of date of receipt of demand
Transmittal of Priority Documents to IB .......... and of election to IB and applicant ................
............................................................. A.I. 323 .......................................................... Rule 61.1
Treated as continuation or continuation-in-part Procedure before .................. Art. 34, Rule 66
..................... Rule 4.11(a)(ii), Rule 49 bis.1(d) U.S. regulation regarding ........ 37 CFR 1.416
Withdrawn IA, U.S. statute regarding ............... U.S. statute regarding .............. 35 U.S.C. 362
................................................... 35 U.S.C. 366 International preliminary report on patentability
International Bureau (IB) By the IPEA ...................................... Rule 70
T-137 Rev. 08.2017, January 2018

By the ISA .................................. Rule 44 bis

L
International publication
By IB of IA ....................................................... Lack of unity of invention
................. Art. 21, Rule 48, A.I. 406, A.I. 805 In IPE ................................................................
Communication of publications to ISA, IPEA, ........... Rule 68 37 CFR 1.475 37 CFR 1.488
national offices ................................ Rule 87 In IS ...................................................................
Effect of, in United States ...... 35 U.S.C. 374 . Rule 40 37 CFR 1.475 37 CFR 1.476 37 CFR 1.477
Number ............................................ A.I. 404 In national stage ................................................
Of IA, effects of .................................. Art. 29 .......................... 37 CFR 1.475 37 CFR 1.499
Provisional Rights (in U.S.) .............................. Unity of invention in IA, in general ..................
.............................................. 35 U.S.C. 154(d) ................................ Rule 13, Rule 40, Rule 68
Publication number (WO) ................ A.I. 404 Language
International search (IS) ............ ................ Art. 15 Of correspondence by applicant to IB and RO .
Time limit for accomplishing ............ Rule 42 ............................................................. A.I. 104
International Searching Authority (ISA) .... Art. 16 Of demand for IPE ............................ Rule 55
Competent ........................................ Rule 35 Of forms used by international authorities ........
Minimum requirements .................... Rule 36 ............................................................. A.I. 103
Procedure before ................................ Art. 17 Of IA .......................... Art. 11(1)(ii), Rule 12
U.S. statute regarding .............. 35 U.S.C. 362 Of Ipub of IA .............................. Rule 48.3
U.S. regulation regarding ........ 37 CFR 1.413 Of IPER ............................................ Rule 72
International search fee ............ ................ Rule 16 Of ISA ............................................ Rule 43.4
International search report (ISR) Of translation of IA ...... Rule 12.3, Rule 49.2
Communicated (sent) from IB to DO ............... Prohibited expressions ........................ Rule 9
................................................ Art. 20, Rule 47 Correction of .................................... A.I. 501
Copy of IA provided by IB for ISA ... A.I. 420 Later elections (elections submitted after the demand)
Indication of citations of relevance in ............... Later submitted sheets, RO procedure .....................
............................................................. A.I. 505 .................................................... A.I. 309, A.I. 310
Indications of special categories of documents Loss of effect of IA in designated states .... Art. 24
cited in ............................................ A.I. 507 (Same consequences as withdrawal of IA)
Indication of claims to which documents are
relevant ............................................ A.I. 508 M
In general ............................................ Art. 18 Mail service
Method of identifying documents cited in ........ Irregularities in .................................. Rule 82
............................................................. A.I. 503 Microbiological inventions
Subject matter not required to be searched ....... See Biological material inventions
............................................................. Rule 39 Nucleotide/amino acid sequence listings
Time limit for establishing ................ Rule 42 Minimum documentation in ISA .............................
Transmittal of, from ISA to IB .......... Rule 44 .................................................. Art. 15(4), Rule 34
Translation of ISR ............................ Rule 45 Missing drawings, RO procedure ...........................
International-type search ......................................... ................................ Art. 14(2), Rule 20.5, A.I. 310
......................... Art. 15(5)(a), Rule 4.12, Rule 41.1 Mistakes
Inventive step .......... .............. Rule 65, Art. 33(3) Rectification of obvious
Inventions Authorization of by IPEA ...............................
Protection available under PCT ....................... .......................................... Rule 91.1, A.I. 607
................................................. Art. 43, Art. 44 Authorization of by ISA .................................
Indications of kinds of protection ... Rule 4.9 .......................................... Rule 91.1, A.I. 511
Inventor(s) Authorization of by RO .. Rule 91.1, A.I. 325
Correction of ................................ Rule 92 bis Processing by IB .............................................
Deceased or legally incapacitated ..................... ....................... Rule 91, A.I. 413, A.I. 413 bis
.................................................... 37 CFR 1.43
Joint ............ 37 CFR 1.45 37 CFR 1.421(b)
Rev. 08.2017, January 2018 T-138

Transmitted by RO to ISA ............ A.I. 313(c)

N
Number and numbering of claims ... ....... Rule 6.1
National Office Number of (accorded to) IA ........ ............ Rule 20
Right to practice before ..................................... Number of copies of IA to be filed . ..... Rule 11.1
.............................. Art. 49, Rule 83, Rule 90.1 Numbering of amendments .....................................
National stage ..................... Rule 6.1, A.I. 205, A.I. 207, A.I. 311
Amendment of claims, description, and drawings Numbering of lines on a page of IA ...... Rule 11.8
before DOs ........................ Art. 28, Rule 52 Numbering of sheets of IA .................... Rule 11.7
Before EOs .......................... Art. 41, Rule 78 Numbering of sheets for Ipub .................. A.I. 410
Certain national requirements allowed under
O
Article 27(1),(2),(6),(7) ...................................
.......................................... Art. 27, Rule 51 bis Oath or declaration in U.S. national stage application
Copy of IA, translation and fee to DO .............. ......................................................... 37 CFR 1.497
.............................................................. Art. 22 Obvious mistakes in documents ..... ......... Rule 91
Copy of IA, translation and fee to DO .............. Rectification of ................ Rule 91.1, A.I. 511
.............................................................. Art. 39 Obviousness/nonobviousness .. Art. 33(3), Rule 65
Express request for early entry into .................. See also Inventive step
.................... Art. 23, Art. 40, 35 U.S.C. 371(f) Opportunity to correct IA before DO ........ Art. 26
Protection available
P
As well as patent protection ............ Art. 44
Other than patent protection ............ Art. 43 Patent Cooperation Treaty (PCT)
Requirements ...................................... Art. 27 Administrative provisions .......... Arts. 53 - 58
Results of national examination in different Amendment of certain provisions ...... Art. 61
countries ............................................ Art. 42 Assembly of contracting states .......... Art. 53
United States Becoming a party to ............................ Art. 62
Commencement in .............. 37 CFR 1.491 Committee for technical cooperation .. Art. 56
Entry into U.S., requirements ......................... Denunciation ...................................... Art. 66
................................................ 37 CFR 1.495 Depositary functions .......................... Art. 68
Entry into U.S., time of ........ 37 CFR 1.491 Disputes .............................................. Art. 59
Examination in .................... 37 CFR 1.496 Entry into force of PCT ...................... Art. 63
National U.S. patent issued on IA, effect ....... Executive committee of assembly ...... Art. 54
................................................ 35 U.S.C. 375 Final provisions (becoming party to treaty, entry into
National security prescriptions ................................ force of treaty, reservations, gradual application,
........................................ Art. 27(8), 35 U.S.C. 368 denunciation, signature and languages, depositary
Delay or prevention of transmittal of RC to IB . functions, notifications) ........... ............... Art. 62
............................................................. A.I. 330 Finances .............................................. Art. 57
Nationality Gradual application of PCT in a state .. Art. 65
Qualifications ................................ Rule 18.2 International Bureau (IB) .................... Art. 55
In demand ...................................... Rule 54.1 Notifications to states/governments re PCT
Recording of changes to by the IB .................... issues ................................................ Art. 69
..................................................... Rule 92 bis.1 Reservations by any state re Application of PCT
Nationality or residence of applicant, correction of provisions .......................................... Art. 64
.................................................... A.I. 329, A.I. 614 Revision of PCT ................................ Art. 60
New (additional) matter Patent information services furnished by IB ...........
In request, deletion of ex officio ...... A.I. 303 ..................................................................... Art. 50
Nomenclature - See also Terminology and signs .... Physical requirements of IA ........ ............ Rule 11
.................................................................... Rule 10 Power of attorney
Notification by IPEA of date of receipt of demand to Definition ................................ Rule 3.3(a)(ii)
IB and applicant ................ .................... Rule 61 General .......................................... Rule 90.5
Nucleotide and/or amino acid sequence listings ..... Practice before international authorities
...................................... Rule 13 ter , A.I. Annex C Right to do so ........ Art. 49, Rule 83, Rule 90
T-139 Rev. 08.2017, January 2018

Preliminary examination fee ........ ............ Rule 58 Publication - See International publication
Prior art
Q
Citation of (proper method) .............. A.I. 503
For IPE .............................................. Rule 64 Quorum, absence of
Indications ........................................ A.I. 505 Voting by correspondence ................ Rule 85
Of special categories of documents ... A.I. 507
Relevant to IS ................................ Rule 33.1 R
Priority application number ........ ............ A.I. 408 Receipt of IA by RO .............. .................. Rule 20
Later indication of re: undesignated State ........ Notification of by RO to IB .............. Rule 20
........................................ Rule 4.9(b), A.I. 319 Notification of by RO to applicant .... A.I. 301
Priority claim in IA ............. ................. Rule 4.10 Receiving Office (RO)
Correction or addition processed by RO ........... Competent ........................................ Rule 19
..................................... Rule 26 bis.2, A.I. 314 In general ............................................ Art. 10
Correction or addition processed by IB ............ U.S. RO .................................. 37 CFR 1.412
..................................... Rule 26 bis.2, A.I. 402 Record copy (RC) (originally filed IA)
Invitation to correct defects in ........................ Definition ............................................ Art. 12
Not considered to have been made .................... Transmittal to IB by RO ....................................
....................... Rule 66.7, A.I. 302, A.I. 323(b) .................................... Rule 22 37 CFR 1.461
Notice to that effect by IB, if not by RO ........... Marking sheets of, by IB ................ A.I. 401
............................................................. A.I. 409 Receipt by IB .................................. Rule 24
Restoration of right Rectification of obvious mistakes .... ........ Rule 91
By DO .................................... Rule 49 ter.2 Authorized by IPEA ........................ A.I. 607
By RO .............. Rule 26 bis.3, Rule 49 ter.1 Authorized or not by the ISA ............ A.I. 511
U.S. regulation regarding ........ 37 CFR 1.451 Handling of, by RO .......................... A.I. 325
Withdrawal of, by applicant ...... Rule 90 bis.3 Refund
Priority, right of (in U.S.) ..... ......... 35 U.S.C. 365 If international search takes into account an
Benefit of filing date of a prior application ...... earlier search ................................ Rule 16.3
............................ , 37 CFR 1.55 37 CFR 1.78 Invitation by RO to request search fee refund ...
Priority document ................ .................... Rule 17 ............................................................. A.I. 322
Benefit of filing date of a prior application ...... Invitation to request refund of fees before IPEA
............................. 37 CFR 1.55 37 CFR 1.78 ............................................................. A.I. 613
Fee for certified copy of, from USPTO ............ Of handling fee .............................. Rule 57.6
........................................... 37 CFR 1.19(b)(1) Of international filing fee .............. Rule 15.4
In proceedings before IPEA .......... Rule 66.7 Of IPE fee ...................................... Rule 58.3
Invitation by IB to furnish ................ A.I. 421 Of IS fee ............................................ Rule 16
Receipt of by IB ................................ A.I. 411 Regional patent treaties ............ ................ Art. 45
Translation and time limit to furnish to EO ...... Regulations of the PCT ............ ................ Art. 58
.......................................................... Rule 76.4 Representation/representative
Translation and time limit to furnish to IPEA ... See also Common representative
.......................................................... Rule 66.7 Appointment of .............................. Rule 90.4
Transmittal by RO to IB .................... A.I. 323 Notice by IB to RO, ISA and IPEA ................
U.S. regulation regarding ........ 37 CFR 1.451 .......................................................... A.I. 425
Protection available under PCT ............................... Notice by IPEA to IB .................... A.I. 608
..................................... Art. 43 , Art. 44 , Art. 45 Notice by ISA to IB ........................ A.I. 512
Indications of kinds of protection in request ..... Notice by RO to IB ........................ A.I. 328
................................................ Rule 4.11(a)(iii) Common (definition) .................. Rule 2.2 bis
Protest against payment of additional fees re holding General power of attorney .............. Rule 90.5
of lack of unity ....................................................... Limited recognition in patent cases ..................
....................... Rule 68, Rule 40, A.I. 403, A.I. 502 .................................................... 37 CFR 11.9
Before U.S. IPEA ................ 37 CFR 1.489 Revocation and renunciation of representative .
Before U.S. ISA .................... 37 CFR 1.477 .......................................................... Rule 90.6
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U.S. regulation regarding ........ 37 CFR 1.455 Preparation of by RO ........................ Rule 21

Request (part of IA) Transmittal of to IB .......................... Rule 23
Contents .................................. Art. 4, Rule 4 Receipt of by ISA .......................... Rule 25.1
Declaration relating to national requirements ... Notification of lack of transmittal of SC by IB .
............................... Rule 4.17, Rule 51 bis.1(a) ............................................................. A.I. 412
Deletion of additional material ........ A.I. 303 Search other than IS .............. .................. Rule 41
Form .................................................... Rule 3 Search, Top-up .............. .................. Rule 66.1 ter
In general .............................................. Art. 4 Security measures of national Office delaying or
Recording of changes in, by IB .... Rule 92 bis preventing transmittal of RC to IB .. ...... A.I. 330
Notification of changes recorded by IB ............ U.S. statute regarding .............. 35 U.S.C. 368
............................................................. A.I. 422 Sequence listings in electronic form ........................
Rectification of, including limitations on ability ......... Rule 13 ter ,A.I. 513, A.I. 610, A.I. Annex C
to rectify ........................................ Rule 91.1 Considered by ISA ............................ A.I. 513
U.S. regulation regarding ........ 37 CFR 1.434 Transmittal of .................... Rule 23, A.I. 610
Residence: Sheets
Corrections to Deletion, addition, substitution, and renumbering
Invitation by RO ............................ A.I. 329 of by RO .......................................... A.I. 311
In demand ...................................... Rule 54.1 Later submitted -RO handling of ...... A.I. 309
Qualifications .................................... Rule 18 Size of IA ........................................ Rule 11.5
Recording of changes to by the IB .................... Signature
..................................................... Rule 92 bis.1 By parties to the PCT .......................... Art. 62
Restriction: Notification by director general re .... Art. 69
See Lack of unity of invention Defective, in IA .............................. Art.14(1)
See Unity of invention IA lacking prescribed signature - RO
Results of national examination in EO ...... Art. 42 procedure ...................................... A.I. 316
Revival of U.S. national stage application ............... Definition (includes “seal”) .............. Rule 2.3
....................................................... 37 CFR 1.137 Lacking, in demand .................. Rule 60.1(d)
Review of RO determinations by other international National requirements ........................ Art. 27
authorities re Of PCT in English and French .......... Art. 67
Declaration that an IA is to be withdrawn ........ Requirements re correspondence ...... Rule 92
.............................................................. Art. 25 Requirements re demand ................ Rule 53.8
Review by USPTO ................ 35 U.S.C. 367 Requirements re request ................ Rule 4.15
Designation of a state considered withdrawn ... Requirements re withdrawals .... Rule 90 bis.5
.............................................................. Art. 25 Signs (terminology) .............. .................. Rule 10
Review by USPTO ................ 35 U.S.C. 367 Size of IA sheets ............... ................... Rule 11.5
Failure to accord an international filing date .... Subject matter that is proper in IA ... ....... Rule 67
.............................................................. Art. 25 Successor states ........................................ Rule 32
Review by USPTO ................ 35 U.S.C. 367 Surcharge - See also Fees: Late payment fee
Review by DOs of
T
Declaration that an IA is withdrawn .... Art. 25
IB decided the IA is withdrawn under Article Technical Services
12(3) .................................................. Art. 25 Patent information services furnished by IB .....
Refusal to accord filing date to IA ...... Art. 25 .............................................................. Art. 50
Revision of PCT .................. ...................... Art. 60 Relation to other PCT provisions ...... Art. 52
See also Amendment of PCT provisions Technical assistance committee .......... Art. 51
Right to practice before international authorities .... Terminology and signs ............ ................ Rule 10
...................................................... Rule 83, Art. 49 Time limit
Computation of .................................. Rule 80
S
Delay in meeting certain .................... Art. 48
Search - See also international search report Delays due to mail service ................ Rule 82
Search Copy (SC) of IA
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Excuse by the designated or elected state of Of application processing based on PD ............

delays in meeting certain time limits .............. ................................. Rule 4.10 37 CFR 1.465
........................................................ Rule 82 bis To furnish drawings which are not necessary for
Extended beyond or shortened with respect to the understanding of the invention ..................
Article 39 deadline for copy, translation, and fee ............................................. Art. 7.2, Rule 7.2
filed with EO .................................. Rule 77 To furnish IA copy, translation, and fee to DO
Extensions of, for payment of fees beyond time limit allowed by Article 22 ........
For amendments before DO .............. Rule 52 ............................................................. Rule 50
For amendments before EO .............. Rule 78 To pay fees before ISA in response to a holding
For amendment of claims before the IB ............ of lack of unity of invention ........ Rule 40.1
............................................. Art. 19, Rule 46.1 To request review by DO of failure to accord
For amendment of claims, description, and international filing date .................... Art. 25
drawings before DO ...................... Rule 52.1 Utility models .................................. Rule 6.5
For applicant to request IB to send files to any Title of invention in IA
DO pursuant to Article 25(1)(c) so DO can Content ............................................ Rule 4.3
review adverse holding by RO or IB ............... Missing or defective .......................... Rule 37
.......................................................... Rule 51.1 Top-up search ............... ................... Rule 66.1 ter
For check by RO of certain defects in the IA .... Translation
.......................................................... Rule 26.2 Availability of translations ................ Rule 95
For communication by the IB of IPER translation By applicant, IS based on .................. Art. 15
and annexes to each EO) .............. Rule 73.2 Defective/incorrect of IA .................... Art. 46
For considering IA withdrawn re Article 12(3) For purpose of international search ...................
.......................................................... Rule 22.3 .......................................................... Rule 12.3
For considering IA withdrawn re Article 14(4) Of certain words not in Latin alphabet, in request
............................................................. Rule 30 .......................................................... Rule 4.16
For correcting priority claim ........ Rule 26 bis Of IA, availability to IB .................... Rule 95
For correction by applicant of certain defects Of IA, transmittal by IB to DOs ........ Art. 22
found by and invited by RO to correct ............ Of IA, transmittal by IB to EOs .......... Art. 39
.......................................................... Rule 26.2 Of IA, requirement for verified or certified ......
For establishing the ISR .................... Rule 42 ................................................ Rule 51 bis.1(d)
For establishing the IPER .............. Rule 69.2 Of IPER ................................ Art. 36, Rule 72
For paying national fee and furnishing translation Of IPER annexes, and transmittal of, to EOs by
before DO pursuant to Article 25(2)(a) so DO applicant .......................................... Rule 74
can review adverse holding by RO or IB ........ Of Ipub, affecting protection of rights in any
.......................................................... Rule 51.3 designated state ................................ Art. 29
For presenting request by applicant for IB to send Of ISR .................................. Art. 18, Rule 45
copies of IA to DO after receiving determination Of priority document before EO ...... Rule 76
that IA is withdrawn ........................ Rule 51 Of priority document before IPEA .. Rule 66.7
For start of, and establishment of, IPE .............. Transmitted to ISA ............................ Rule 23
............................................................. Rule 69 Transmittal
For submitting priority document ...... Rule 17 Fee .................................................... Rule 14
For translation of priority document before EO In electronic form ..............................................
.......................................................... Rule 76.4 . Rule 89 bis , Rule 89 ter , A.I. 701 - 703, A.I. Annex F
For transmittal by applicant of translation of any Sequence Listings and/or tables relating thereto
replacement sheet referred to in Rule 70.16 that ............................. Rule 13 ter , A.I. Annex C
is attached to the IPER .................. Rule 74.1 Of RC to IB by RO ............................................
In general ............................................ Art. 47 .................................. Rule 22 37 CFR 1.461
Meaning of term “Time Limit” in Article 48(2) Of SC to ISA by RO .......................... Rule 23
........................................................ Rule 82 bis Delayed .......................................... A.I. 306
Modification of time limit fixed in PCT ........... Treaty - See also Patent Cooperation Treaty
............................................................. Rule 81
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U
Unity of invention
Compliance with Rule 13 .............. A.I. 206
During U.S. national stage .... 37 CFR 1.499
Guidelines ................................ A.I. Annex B
In general ................ Rule 13 37 CFR 1.475
Lack of unity before IPEA ................................
. Art. 34(3) Rule 68 37 CFR 1.488 37 CFR 1.489
Lack of unity before ISA ..................................
. Art. 17(3) Rule 40 37 CFR 1.476 37 CFR 1.477
Transmittal of protest to pay fees for additional
claimed inventions
Transmittal by IB .......................... A.I. 403
Transmittal by IPEA ...................... A.I. 603
Transmittal by ISA ........................ A.I. 502
W
WO - See also International publication number
Withdrawals (by applicant), in general ...................
.............................................. Rule 90 bis , A.I. 326
Of demand or election .. Art. 37, Rule 90 bis.4
Withdrawn
Application, U.S. statute regarding ...................
.................................................. 35 U.S.C. 366
Determination by RO re IA .............. Rule 29
Decision by RO not to hold withdrawn after
notifying applicant of intent to so hold .........
.......................................................... A.I. 312
Notification to IPEA by IB ............ A.I. 414
Review of by DO .............. Art. 25, Rule 51
Determination by IB under Article 12(3)
Review by DO .................. Art. 25, Rule 51
Written opinion by IPEA ............ Art. 34, Rule 66
Amendment of claims, description, and drawing
under Article 34 in response to
Written opinion by ISA .. ...... Art. 34, Rule 43 bis
T-143 Rev. 08.2017, January 2018

Appendix T Patent Cooperation Treaty and Regulations Under The PCT

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Appendix T Patent Cooperation Treaty and Regulations Under The PCT

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Appendix T Patent Cooperation Treaty and Regulations Under the

Article 24 Possible Loss of Effect in Designated

Article 47 Time Limits

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(i) be in a prescribed language; (2) Every designation shall be subject to the

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The Drawings The Applicant

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words or drawings omitted, and furnishing, upon Article 23

(1) No designated Office shall process or

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Review by Designated Offices Opportunity to Correct Before Designated Offices

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Article 34 international preliminary examination shall, as far

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Article 35 (2)(a) The international preliminary

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Results of National Examination in Elected Article 45

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Article 52 (viii) establish such committees and

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(iii) [Deleted] Article 55

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Article 63 (1)(a) Any State may declare that it shall not

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(1) The original of this Treaty, when no longer

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Rule 23 Transmittal of the Search Copy, Translation and

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2.2 bis “Common Representative” 3.3 Check List

3.1 Form of Request Rule 4

The request shall be made on a printed form or be The Request (Contents)

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(iv) indications concerning the inventor 4.4 Names and Addresses

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T-33 Rev. 08.2017, January 2018

Member of the World Trade Organization that is not

(a) If: 4.14 bis Choice of International Searching

(ii) the applicant intends to make an 4.15 Signature

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4.16 Transliteration or Translation of element of the international application referred to

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(iv) briefly describe the figures in the Rule 6

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