PCT AG-IP 6.005 What are the conditions that must be fulfilled for the international application to be entitled to an international filing date?

Article 11(1)
Rule 20.1
20.2

6.005.   What are the conditions that must be fulfilled for the international application to be entitled to an international filing date?  The receiving Office must accord an “international filing date” to the international application if it finds that the following conditions are fulfilled:

(i) the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office (see paragraphs 5.008, 5.020 and 5.023);

(ii) the international application is in the prescribed language (see paragraph 6.006);

(iii) the international application contains at least the following elements:

(a) an indication that it is intended as an international application,

(b) a request which constitutes the designation of a Contracting State bound by the PCT on the international filing date (under Rule 4.9(a) – see paragraph 5.052),

(c) the name of the applicant (for this purpose it is sufficient if the name of the applicant is indicated in a way which allows his identity to be established, even if the name is misspelled, or the given names are not fully indicated, or, in the case of legal entities, the indication of the name is abbreviated or incomplete),

(d) a part which on the face of it appears to be a description,

(e) a part which on the face of it appears to be a claim or claims.

Article 11(1)(ii)
and (iii)
Rule 12.1
20.1(c)
and (d)

6.006.   For the purposes of according an international filing date, the requirement that the international application be in a prescribed language is met, in most receiving Offices, if the description and claims (but not necessarily the other elements of the international application) are in a language accepted by the receiving Office under Rule 12.1(a) and (c) (see Rule 20.1(c) and paragraph 5.013).  If any of the other elements of the international application are not in a language accepted by the receiving Office, they may be corrected later without affecting the international filing date (see paragraphs 6.032 and 6.034).  A translation will need to be furnished by the applicant in respect of any international application which is filed in a language which is not a language accepted by the International Searching Authority which is to carry out the international search and/or a language of publication;  see paragraphs 6.013 to 6.020).  In certain Offices, however, Rule 20.1(c) is incompatible with the applicable national law.  For as long as that incompatibility continues, that Rule will not apply for those Offices;  all elements of an international application filed with those Offices as receiving Office must therefore comply with the language requirements of Rule 12.1 before an international filing date can be accorded (see Annex C for details).

6.007.   [Deleted]

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip06.html

Date retrieved: 02 November 2015

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