PCT AG-IP 10.051 When does the international preliminary examination start?

Rule 69.1(a)

10.051.   When does the international preliminary examination start?  Subject to the exceptions mentioned in paragraphs 10.052 to 10.055, the International Preliminary Examining Authority starts the international preliminary examination when it is in possession of the demand, the amount due (in full) for the handling fee and the preliminary examination fee, including, where applicable, the late payment fee under Rule 58bis.2, and of either the international search report and the written opinion established under Rule 43bis.1 or a declaration by the International Searching Authority that no international search report will be established and the written opinion established under Rule 43bis.1.  Even if the International Preliminary Examining Authority is in possession of all of the above, however, it may not start the international preliminary examination before the expiration of the applicable time limit under Rule 54bis.1(a) unless the applicant expressly requests an earlier start.

Rule 69.1(b)

10.052.   If the competent International Preliminary Examining Authority is part of the same (national or regional) Office as the competent International Searching Authority, the international preliminary examination may, if the Office wishes and except where the applicant has requested that the international preliminary examination be postponed (see paragraph 10.054), start at the same time as the international search (often called a “telescoped” procedure since the international search and international preliminary examination partly overlap).

Rule 53.9(a)(i)
62
69.1(c)

10.053.   Where the statement concerning amendments made in the demand contains an indication that amendments under Article 19 are to be taken into account, the International Preliminary Examining Authority will not start the international preliminary examination before it has received a copy of the amendments concerned and the accompanying letter.  Therefore, a copy of those amendments and accompanying letter should be attached to the demand by the applicant in order to allow as much time as possible for the international preliminary examination (see paragraphs 9.010, 10.025 and 10.026).  The International Bureau will, in any event, send a copy of those amendments and accompanying letter to the International Preliminary Examining Authority unless that Authority has indicated that it has already received them (see paragraph 9.010), but waiting for those copies to be sent may delay the start of the international preliminary examination.

Rule 53.9(b)
69.1(d)

10.054.   Where the statement concerning amendments contains an indication that the start of the international preliminary examination is to be postponed (see paragraph 10.026), the International Preliminary Examining Authority will not start the international preliminary examination before whichever of the following occurs first:

 

(i)  it has received a copy of any amendments under Article 19;

 

(ii)  it has received a notice from the applicant that he does not wish to make amendments under Article 19;  or

 

(iii)  the expiration of the applicable time limit under Rule 46.1.

 

Therefore, where the applicant gives such an indication in the demand, he should ensure that the International Preliminary Examining Authority is informed promptly of any amendments or of any decision on his part not to file amendments, in order to gain the maximum time possible for the international preliminary examination procedure.

Rule 53.9(c)
55.2
55.3(a), (b)
(c) and (d)
69.1(e)

10.055.   Where the statement concerning amendments contains an indication that amendments under Article 34 are submitted with the demand (see paragraph 10.026), but no such amendments are, in fact, submitted with the demand, the International Preliminary Examining Authority will not start the international preliminary examination before it has received the amendments or before it has invited the applicant to file them and the time limit fixed in that invitation has expired, whichever occurs first.  Where the international application was not filed in the language of publication, any amendments under Article 34 and any accompanying letter (as well as any letter accompanying Article 19 amendments) must be in the language of publication.  Where the international preliminary examination is carried out on the basis of a translation of the international application (see paragraph 10.011), any such amendments, and any amendments under Article 19 which are to be taken into account, and any letter that accompanied such amendments must be in the language of that translation.  Where such amendments have been or are filed in another language, a translation of the amendments into the language in which the international preliminary examination is carried out must also be furnished (see also paragraph 11.046).  If the amendments or accompanying letter are not in the required language, the International Preliminary Examining Authority will invite the applicant to furnish them within a reasonable time limit.  If the applicant fails to furnish the amendments and/or the accompanying letter within the time limit set in the invitation, the International Preliminary Examining Authority will not take the amendments into consideration for the purposes of the international preliminary examination.

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

Date retrieved: 02 November 2015

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