PCT AG-IP 10.012 What requirements as to form, contents and language must the demand for international preliminary examination comply with?

Article 31(3)
Rule 53
Section 102(b)
and (i)

10.012.   What requirements as to form, contents and language must the demand for international preliminary examination comply with?  The demand must either be made on a printed form to be filled in with the required indications or be presented as a computer print-out complying with the Administrative Instructions.  To facilitate preparation of the demand, the International Bureau has prepared downloadable PDF (portable document format) versions on its website at www.wipo.int/pct/en/forms/.  The editable PDF version of the form (PCT/IPEA/401) may be completed using a computer or printed out and filled in using a typewriter.  The demand, and instructions on how to complete the editable version, is available in English, French, German, Russian and Spanish.

Sample filled-in forms are also available from the above website address.  Copies of forms may also be obtained, free of charge, from the receiving Office or the International Preliminary Examining Authority.

Rule 53

10.013.   The completed demand must identify the applicant and the international application to which it relates.  The demand contains a petition that the international application be the subject of international preliminary examination.  The filing of the demand constitutes the automatic election of all Contracting States which are designated and which are bound by Chapter II of the PCT – see paragraph 10.029 and the sample filled-in demand form, at the addresses indicated in paragraph 10.012).  It must, where applicable, contain a statement concerning amendments, on the basis of which the international preliminary examination will start (see paragraphs 10.025 and 10.026) and an indication of the language in which international preliminary examination will be carried out.  The demand must be in the language of the international application or, if the international application has been filed in a language other than the language in which it is published, in the language of publication.  However, where a translation of the international application is required because the International Preliminary Examining Authority accepts neither the language in which the international application is filed nor the language in which the international application is published (see paragraphs 5.013 and 10.011), the demand must be in the language of that translation.  The demand must be signed (see paragraphs 10.031, 10.032, and 11.027).  Details for the filling in of the demand form are given below in respect of each Box of that form.  Where more than one International Preliminary Examining Authority is competent in relation to the international application (see paragraph 10.006), the Authority chosen by the applicant, and with which the demand is filed, should be identified, preferably by an indication of the name or two-letter code of the Authority (see Annex K), at the top of the first sheet of the demand form in the space provided for that purpose.

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

Date retrieved: 02 November 2015

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