PCT AG-IP 10.006 Where should the demand for international preliminary examination be submitted?

Article 31(3)
31(6)(a)
32(2)
Rule 59

10.006.   Where should the demand for international preliminary examination be submitted?  The demand must be made separately from the international application, and be submitted directly to an International Preliminary Examining Authority which is competent to carry out international preliminary examination on the international application concerned.  Each receiving Office (except the International Bureau as receiving Office – see paragraph 5.008) specifies one or more International Preliminary Examining Authorities as competent to carry out international preliminary examination on international applications filed with it.  In addition, different International Preliminary Examining Authorities may be competent in relation to an international application depending on the language in which the international application was filed and on which International Searching Authority carried out the international search.  Where several International Preliminary Examining Authorities are competent in relation to a particular international application, having regard to which receiving Office the international application was filed with and the language of the international application, the applicant may choose between them.  Where the international application is filed with the International Bureau as receiving Office, the competent International Preliminary Examining Authority (or Authorities) is that (or are those) which would have been competent if the international application had been filed with a competent national (or regional) Office as receiving Office.  The International Preliminary Examining Authority or Authorities competent for international applications filed with each national (or regional) Office acting as receiving Office, and the languages accepted for international preliminary examination by each International Preliminary Examining Authority, may be ascertained by consulting Annexes C and E.  Finally, within the framework of the respective agreements relating to the functioning of certains Offices as International Preliminary Examining Authorities, these Authorities may provide for limitations of their competence in respect of certain international applications.  The consolidated texts of these Agreements are available on the WIPO website at the following address: www.wipo.int/pct/en/access/isa_ipea_agreements.html.  For more detailed information, see Annex E.

Rule 59.3(a),
(b) and (e)

10.007.   If a demand is submitted to a receiving Office, an International Searching Authority, an International Preliminary Examining Authority which is not competent for the international preliminary examination of the international application, or the International Bureau, that Office or that Authority or the International Bureau, as the case may be, will mark on it the date of receipt, which will be considered to be the date on which the demand was received on behalf of the competent International Preliminary Examining Authority.

Rule 59.3(c)
and (f)

10.008.   When a demand is filed with a receiving Office, an International Searching Authority, or an International Preliminary Examining Authority which is not competent for the international preliminary examination of the international application, that Office or Authority may send the demand either directly to the competent International Preliminary Examining Authority, or to the International Bureau which will in turn forward the demand to the competent International Preliminary Examining Authority.

Rule 59.3(c)
and (d)

10.009.   If two or more International Preliminary Examining Authorities are competent, the applicant will be invited, by the Office or Authority to which the demand was submitted, or by the International Bureau, as the case may be, to indicate, within the time limit applicable under Rule 54bis.1(a), or within 15 days from the date of the invitation whichever is later, the competent International Preliminary Examining Authority to which the demand should be transmitted.  Where the applicant furnishes that indication, the demand will promptly be transmitted to the competent International Preliminary Examining Authority.  Where no indication is so furnished, the demand will be considered not to have been submitted, and the Office or Authority to which the demand was submitted, or the International Bureau, as the case may, will declare that the demand is considered not to have been submitted.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip10.html

Date retrieved: 02 November 2015

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