PCT AG-IP 10.046 What action can the applicant take if the indications on the demand form do not support the applicant’s right to file the demand?

Article 31(2)(a)
Rule 61.1(b)
Section 614

10.046.   What action can the applicant take if the indications on the demand form do not support the applicant’s right to file the demand?  If the indications of the applicant’s residence and nationality given in Box No. II of the demand form do not support the applicant’s right to file a demand with the International Preliminary Examining Authority concerned (see paragraph 10.004), the International Preliminary Examining Authority notifies the applicant that the demand is considered not to have been submitted.  It may happen, however, that those indications were incorrectly stated or that the applicant in fact had a residence and/or nationality supporting the applicant’s right to file the demand.  In such a case, evidence should immediately be submitted indicating that, in fact, the applicant had, on the date on which the demand was received by the International Preliminary Examining Authority, the right to file the demand with that Authority.  If that evidence is to the satisfaction of the Authority, it will then regard the requirements of Article 31(2)(a) as having been fulfilled on the date of actual receipt of the demand, and the indications in the demand can be corrected.

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

Date retrieved: 24 November 2017

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