PCT AG-IP 6.009 Does non-payment, incomplete payment or late payment of fees influence the international filing date?

Article 11(3)
11(4)
14(3)
Rule 27

6.009.   Does non-payment, incomplete payment or late payment of fees influence the international filing date?  No, it does not, however, those defects will eventually lead the receiving Office to declare that the international application is considered withdrawn (see paragraphs 5.195 and 5.196).  Although an international application which has not been accorded an international filing date and an international application which is considered withdrawn are both excluded from further processing in the international phase, an international application which fulfills the requirements necessary for it to be accorded an international filing date may be invoked as a priority application under the Paris Convention for the Protection of Industrial Property (if the conditions laid down by that Convention are fulfilled) even where the international application is considered withdrawn under the PCT (for non-payment of fees or other reasons).

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

Date retrieved: 24 November 2017

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