PCT AG-IP 5.003 What are the main effects of an international application?

Article 4(1)(ii)
11(3)
64(4)
Rule 4.9

5.003.   What are the main effects of an international application?  Any international application has two main effects.  One of those effects, generally speaking, is the same as that of a national (or regional) application.  It occurs on the date accorded as the international filing date (see paragraph 6.005).  It is produced in or for the “designated States,” that is, the States in which or for which the applicant wishes to obtain a patent by filing an international application.  For the prior art effect of international applications in the United States of America, see National Chapter (US).

Article 31(1)
31(4)(a)

5.004.   Designated States in respect of which international preliminary examination has been demanded by the applicant are called “elected States” in the terminology of the PCT.

Article 22(1)
23(1)

5.005.   Subject to what is said in the following paragraph, the other main effect of an international application is that, normally, no designated Office may process or examine the international application prior to the expiration of 30 months from the priority date (for the definition of “priority date”, see paragraph 5.057) and that any fees due to a designated Office and any translation of the international application to be furnished to a designated Office will have to be paid and furnished, respectively, only by the expiration of that 30-month period.  In respect of certain designated Offices (currently three), the applicable time limit is the former 20-month time limit, not the new 30-month time limit because, due to the incompatibility, for the time being, of the modified PCT provision (PCT Article 22(1)) with the relevant national law, those Offices made a declaration of incompatibility which will remain in effect until it is withdrawn by the respective Offices.  Furthermore, certain designated Offices have fixed time limits expiring even later than 30 months, or 20 months, as the case may be (for more detailed information, see paragraph 4.016 and the National Chapters (Summaries)).  This effect of the international application is normally referred to as the effect of “delaying” the patent examination and granting procedure before the national (or regional) Offices.

Article 39(1)
40(1)

5.006.   If international preliminary examination has been demanded before the expiration of 19 months from the priority date, the delaying effect in respect of any State whose designated Office has notified the International Bureau that the 30-month time limit under Article 22(1), as in force from April 1, 2002, is incompatible with the national law applied by that Office, is 10 months longer, so that any fees due to an elected Office and any translation of the international application will have to be paid and furnished, respectively, only by the expiration of 30 months from the priority date.  (For more detailed information see the National Phase and National Chapters.  Later time limits apply in some Offices.)

Article 8
11(4)

5.007.   An international application which has been accorded an international filing date is the equivalent of a “regular national filing” within the meaning of the Paris Convention for the Protection of Industrial Property and, consequently, may be invoked as the basis of a priority claim in a national, regional or other international application filed subsequently within the time limit and subject to the conditions provided for in that Convention. 

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 02 November 2015

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PCT Applicant's Guide - International Phase