PCT AG-IP 6.034 What happens if the application is filed in a language which is not accepted by the receiving Office?

Rule 19.4(a)(ii),
(b) and (c)

6.034.   What happens if the application is filed in a language which is not accepted by the receiving Office?  If the international application is filed in a language which is not a language accepted by the national (or regional) Office with which it is filed, but is in a language accepted by the International Bureau as receiving Office, that international application will be considered to have been received by that Office on behalf of the International Bureau as receiving Office.  In fact, the International Bureau as receiving Office accepts international applications filed in any language (see Annex C).  In such a case, the international application will be date-stamped by the national (or regional) Office concerned and promptly transmitted to the International Bureau (unless this is prevented by national security prescriptions).  That transmittal may be subjected to the payment of a fee equal to the transmittal fee (see paragraph 5.184(i) and Annex C), but other fees paid will be refunded by the national (or regional) Office to the applicant and the applicable fees will then have to be paid to the International Bureau as receiving Office (see Annex C).  The international application so transmitted will be considered to have been received by the International Bureau as receiving Office on the date on which it was received by the national (or regional) Office, except that, for the purposes of calculating the time limits for paying the fees due on filing the international application to the competent receiving Office, the date of receipt of the international application is considered to be the date on which the international application was actually received by the International Bureau as receiving Office.

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

Date retrieved: 02 November 2015

5 references found.

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PCT Implementing Rules

PCT Applicant's Guide - International Phase