PCT AG-IP 5.179 In how many copies must an international application be filed?

Rule 11.1(a)
and (b)
21

5.179.   In how many copies must an international application be filed?  An international application, and, where applicable, a translation of the international application, must be filed in one, two or three copies, depending on the requirements of the receiving Office.  Annex C contains the relevant information.  See also Rule 21.

Article 12
Rule 21.1
22.1(a)
23.1(a)
Section 305

5.180.   It is to be noted that there must eventually be three copies of every international application:  one is kept by the receiving Office (the “home copy”), one is transmitted by the receiving Office to, and is kept by, the International Bureau (the “record copy”), and one is transmitted by the receiving Office to, and kept by, the International Searching Authority (the “search copy”).  If less than the required number of copies is filed by the applicant (see paragraph 5.179), the receiving Office is responsible for preparing the additional copies and may charge a fee to the applicant.

Rule 12
12.3
21.1
22.1(a)
23.1(a)
Section 305bis

5.181.   Where the international application was filed in a language which is accepted by the receiving Office but not by the International Searching Authority which is to carry out the international search, the applicant has to furnish a translation of the international application (see paragraphs 6.013 to 6.013 for details).  In that case, the receiving Office forwards a copy of the international application in the language of filing (the “record copy”) to the International Bureau, a copy (the “search copy” to the International Searching Authority and retains one copy (the “home copy”).  When the receiving Office receives the translation of the international application, it forwards one copy to the International Bureau (the “record copy – translation (Rule 12.3)”), keeps one copy for its files (the "home copy – translation (Rule 12.3)”) and forwards the third copy, together with a copy of the request (the “search copy – translation (Rule 12.3)”) to the International Searching Authority.  If the translation is filed by the applicant in fewer than the required number of copies (see paragraph 5.179), the receiving Office is responsible for preparing the additional copies and may charge a fee to the applicant.

Rule 12.4
21.1
22.1(a)
Section 305bis

5.182.   Where the international application was filed in a language which is accepted by the receiving Office and by the International Searching Authority which is to carry out the international search but which is not also in a language of publication, the applicant has to furnish a translation of the international application (see paragraphs 6.013 to 6.023 for details).  In that case, the receiving Office forwards a copy of the international application in the language of filing (the “record copy”) to the International Bureau, a copy (the “search copy”) to the International Searching Authority and retains one copy (the “home copy”).  When the receiving Office receives the translation of the international application, it forwards one copy to the International Bureau (the “record copy – translation (Rule 12.4)”) and keeps one copy for its files (the “home copy – translation (Rule 12.4)”).  No copy of the translation of the international application will therefore be forwarded to the International Searching Authority by the receiving Office.  If the translation is filed by the applicant in fewer than the required number of copies (see paragraph 5.179), the receiving Office is responsible for preparing the additional copy and may charge a fee to the applicant. 

Rule 62.1(i)
Section 420

5.183.   Where the International Preliminary Examining Authority is not part of the same national Office or intergovernmental organization as the International Searching Authority, the International Bureau will, promptly upon receipt of the international search report or, if the demand was received after the international search report, promptly upon receipt of the demand, send a copy of the international application and the international search report together with a copy of the written opinion of the International Searching Authority to the International Preliminary Examining Authority.  Where neither the language in which the international application was filed nor the language in which the international application is published is accepted by the International Preliminary Examining Authority that is to carry out the international preliminary examination, the applicant must furnish with the demand a translation of the international application into a language which is both a language accepted by that Authority and a language of publication.  No such translation is required where the International Searching Authority and the International Preliminary Examining Authority are part of the same national Office or intergovernmental organization.  In cases where, instead of the international search report, a declaration under Article 17(2)(a) was issued, references in the preceding sentences to the international search report shall be considered references to the said declaration.

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

Date retrieved: 24 November 2017

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