PCT AG-IP 10.074 When must the international preliminary report on patentability (Chapter II of the PCT) be established?

Article 35(1)
Rule 69.2

10.074.   When must the international preliminary report on patentability (Chapter II of the PCT) be established?  The time limit for establishment of the international preliminary report on patentability (Chapter II of the PCT) is whichever of the following which expires last:  28 months from the priority date;  six months from the time provided under Rule 69.1 for the start of the international preliminary examination;  or six months from the date of receipt by the International Preliminary Examining Authority of the translation furnished under Rule 55.2 (see paragraphs 10.051 to 10.055). Thus, under normal circumstances, the applicant receives the report, at the latest, two months before national processing at the elected Offices may start.  This ensures that he has time to consider whether, and in which elected Offices, he wants to enter the national phase and to prepare the necessary action (for details, see National Phase).

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

Date retrieved: 24 November 2017

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