PCT AG-IP 11.072 To what extent are international applications treated as confidential?

Article 30
38
Rule 94.1(a)

11.072.   To what extent are international applications treated as confidential?  An international application is confidential in relation to third parties until the international publication date, with only limited and specified exceptions (see Article 30).  The International Bureau will at any time, at the request of the applicant or any person authorized by the applicant, furnish copies of any document contained in its file, subject to reimbursement of the cost of the service.  An order for access made by a court with competent jurisdiction would be taken by the International Bureau as substituting for the applicant’s authorization.

Rule 17.2
48
94.1(b)

11.073.   After international publication, the international application itself is publicly available, as are any published amendments under Article 19 (see Rule 48.2(f)), the international search report (see Article 21(3) and Rule 48.2(a)(v)) (these elements are included in the published international application) and copies of priority documents (noting the exceptions mentioned in paragraph 9.023;  see Rule 17.2).  Additionally, in respect of international applications filed on or after 1 July 1998, the International Bureau will, after international publication, furnish copies of any document contained in its file at the request of any person and upon reimbursement of the cost of the service, but subject to the restrictions imposed by Article 38 in respect of documents relating to the international preliminary examination.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip11.html

Date retrieved: 02 November 2015

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PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase