A.11 PCT Filing Date and Effects of the International Application

(1)  The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that that Office has found that, at the time of receipt:

(i)  the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office,

(ii)  the international application is in the prescribed language,

(iii)  the international application contains at least the following elements:

(a)  an indication that it is intended as an international application,

(b)  the designation of at least one Contracting State,

(c)  the name of the applicant, as prescribed,

(d)  a part which on the face of it appears to be a description,

(e)  a part which on the face of it appears to be a claim or claims.

(2)(a)  If the receiving Office finds that the international application did not, at the time of receipt, fulfill the requirements listed in paragraph (1), it shall, as provided in the Regulations, invite the applicant to file the required correction.

(b)  If the applicant complies with the invitation, as provided in the Regulations, the receiving Office shall accord as the international filing date the date of receipt of the required correction.

(3)  Subject to Article 64(4), any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) and accorded an international filing date shall have the effect of a regular national application in each designated State as of the international filing date, which date shall be considered to be the actual filing date in each designated State.

(4)  Any international application fulfilling the requirements listed in items (i) to (iii) of paragraph (1) shall be equivalent to a regular national filing within the meaning of the Paris Convention for the Protection of Industrial Property.

Source: http://www.wipo.int/pct/en/texts/articles/a11.htm

Date retrieved: 02 November 2015

76 references found.

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EPO Guidelines - E General Procedural Matters

EPO Guidelines - F The European Patent Application

EPO PCT GL - G Patentability

EPO Guide for Applicants, part II Int. - A General Overview

EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase

PCT Newsletter - Practical Advice

Offical Journal of the EPO

Case Law Book: III Amendments

Case Law Book: VI Rules Common to all Proceedings

Case Law with Headnote

General Case Law