PCT AG-IP 10.047 Can defects in the demand for international preliminary examination, non-compliance with certain language requirements, and non-payment of certain fees be corrected, and if so how?

10.047.   Can defects in the demand for international preliminary examination, non-compliance with certain language requirements, and non-payment of certain fees be corrected, and if so how?  What are the consequences?  If the International Preliminary Examining Authority finds that:

Article 31(3)
Rule 53
55.1

(i)  the demand does not meet the requirements as to form, contents and languages (see paragraph 10.012),

Rule 57.3

(ii)  the handling fee was not paid within one month from the date on which the demand was submitted or, where the demand was transmitted to the competent International Preliminary Examining Authority under Rule 59.3, within one month from the date of receipt by that Authority, or was not paid in the prescribed currency (see paragraphs 10.035 and 10.038), or

Rule 58.1(b)
58bis
60.1(b)

(iii)  the preliminary examination fee was not paid within one month from the date on which the demand was submitted or, where the demand was transmitted to the competent International Preliminary Examining Authority under Rule 59.3, within one month from the date of receipt by that Authority, or was not paid in the prescribed currency (fixed by the International Preliminary Examining Authority – see paragraphs 10.035 and 10.038), it invites the applicant to correct the defect(s) and comply with the requirements and/or to pay the required fee(s).  In the case of defects as to form or language, the invitation specifies a time limit of at least one month from the date of the invitation, which time limit may be extended by the International Preliminary Examining Authority at any time before a decision is taken.  In the case of defects as to fee payment, the invitation specifies a time limit of one month from the date of the invitation;  a late payment fee may also be required;  no extension of this time limit is available.  However, any payment must be considered to have been received before the expiration of the applicable time limit if it is received by the International Preliminary Examining Authority before the expiration of the time limit for paying the fee(s) or, where an invitation to pay missing fees has been sent, before that Authority makes the declaration that the demand is considered not to have been made.

Rule 60.1(b)
61.1(b)

10.048.   There is no adverse consequence for the applicant, other than possibly delaying the start of the international preliminary examination (see paragraph 10.050), if he complies with the invitation within the time limit so specified (including any extensions, where applicable), except where the defect was that the demand did not permit the international application to be identified.  In the latter case, the demand is considered to have been received on the date on which the required correction to it is received, and the International Preliminary Examining Authority informs the applicant of that date.

Rule 60.1(c)
61.1(b)

10.049.   If, after the expiration of the time limit specified (including any extensions), a signature (of at least one applicant), or other required indication (in respect of one applicant who has the right according to Rule 54.2 to make a demand) is still lacking the demand is considered not to have been submitted and the International Preliminary Examining Authority will so declare.

Article 39(1)(a)

10.050.   Where the demand is considered to have been received, as described in paragraph 10.048, on a date later than that on which it was actually submitted, the effect of postponing the commencement of the national phase (see paragraph 10.002 above) is lost if that later date is after the expiration of 19 months from the priority date.  This is, however, only relevant in respect of any State whose designated Office has notified the International Bureau that the 30-month time limit under Article 22(1), as in force from April 1, 2002, is incompatible with the national law applied by that Office.  The effect of postponing the commencement of the national phase is also lost where the demand is considered not to have been submitted (see paragraph 10.049).

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

Date retrieved: 02 November 2015

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