PCT AG-IP 6.010 Can the receiving Office refuse to treat an international application as such for reasons of national security?

Article 27(8)
Rule 22.1
Section 330

6.010.   Can the receiving Office refuse to treat an international application as such for reasons of national security?  Each Contracting State is free to apply measures deemed necessary for the preservation of its national security.  For example, each receiving Office has the right not to treat an international application as such and not to transmit the record copy to the International Bureau and the search copy to the International Searching Authority.  Compliance with national security prescriptions where the international application is filed with the International Bureau as receiving Office will not be checked by the International Bureau;  such compliance is the applicant’s responsibility.  Where an international filing date has been accorded but national security considerations prevent transmittal of the record copy, the receiving Office must so declare to the International Bureau before the expiration of 13, or at the latest 17, months from the priority date.

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

Date retrieved: 02 November 2015

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