PCT AG-IP 11.073 Can the applicant request that the International Bureau restrict access to certain information contained in its file?

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).  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.  However, the International Bureau will not provide access to any document contained in its file which has been omitted from international publication (see paragraph 9.016A) or public file access (see paragraph 11.073A), nor will it give access to any document which was solely prepared for internal use by the International Bureau.

11.073A.   Can the applicant request that the International Bureau restrict access to certain information contained in its file? The applicant can make a reasoned request to the International Bureau to omit certain information from public file access.  (For the manner in which the applicant should present his request, see paragraph 9.016A).  A request to omit  information from public file access may be submitted at any time during the international phase.

Where the International Bureau has omitted information from public access, and that information is also contained in the file of the international application held by the receiving Office, the International Searching Authority, the Authority specified for supplementary search or the International Preliminary Examining Authority, the International Bureau will also promptly notify that Office or Authority accordingly, so that they will not provide access to such information either.

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

Date retrieved: 24 November 2017

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