PCT AG-IP 10.056 May the International Preliminary Examining Authority ask for the priority document and a translation of it?

Rule 66.7

10.056.   May the International Preliminary Examining Authority ask for the priority document and a translation of it?  If the International Preliminary Examining Authority needs a copy of an application the priority of which is claimed in the international application (“the priority document”) and the International Bureau already has the priority document in its possession (see paragraph 5.070), the International Bureau furnishes a copy of it to the Authority on request.  Should the applicant have failed to provide the priority document under Rule 17.1, the international preliminary report on patentability (Chapter II of the PCT) may be established as if the priority had not been claimed, but no elected Office may later disregard the priority claim under those circumstances before giving the applicant an opportunity to furnish the priority document within a time limit which is reasonable under the circumstances.  Where the priority document is in a language other than the language or one of the languages indicated for the International Preliminary Examining Authority in Annex E, and that Authority is of the opinion that the validity of the priority claim is relevant for the formulation of the opinion on whether the claimed invention appears to be novel, to involve an inventive step and to be industrially applicable, the Authority may invite the applicant to furnish to it a translation in that language.  The applicant must comply with that invitation within two months from its date;  otherwise, the international preliminary report on patentability (Chapter II of the PCT) may be established as if the priority had not been claimed.

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

Date retrieved: 02 November 2015

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