PCT AG-IP 10.080 Is the international preliminary report on patentability (Chapter II of the PCT) accessible to persons other than the applicant and the elected Offices?

Article 36(3)(a)
38(1)
Rule 73.2(a)
94.1
94.2
94.3

10.080.   Is the international preliminary report on patentability (Chapter II of the PCT) accessible to persons other than the applicant and the elected Offices?  The report is not published by the International Bureau.  According to Article 36(3)(a), the International Bureau communicates the report to elected Offices.  As of 1 January 2004, however, if so requested by an elected Office (details of such requests are published in the Official Notices (PCT Gazette)), the International Bureau will make available on the WIPO website at:  https://patentscope.wipo.int/search/en/search.jsf the international preliminary report on patentability (Chapter II of the PCT), although, not before the expiration of 30 months from the priority date.  The International Preliminary Examining Authority may not, unless requested or authorized by the applicant, give copies to anyone other than the applicant and the International Bureau.  Once the international preliminary report on patentability (Chapter II of the PCT) becomes part of the file in the elected Office, however, the national law applicable by that Office applies as to access to that report and the international preliminary examination file by persons other than the applicant, as indicated in paragraph 11.072.

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

Date retrieved: 24 November 2017

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