PCT AG-IP 6.036 May the applicant correct indications of residence and nationality?

Article 11(1)(i)
14(1)(a)(ii)
Rule 4.5
Section 329

6.036.   May the applicant correct indications of residence and nationality?  If the indications of the applicant’s residence and nationality as stated in the request do not support the applicant’s right to file an international application (see paragraphs 5.020, 5.023 and 6.005(i)), that is, if the applicant appears not to be (or, where there are two or more applicants, none of the applicants appears to be) a resident or national of a Contracting State, there is prima facie a defect under Article 11(1)(i) and the receiving Office issues an invitation accordingly to correct that defect (see paragraph 6.025(i)(a)).  In such a case, it may be that the applicant is able to show that he had, on the date on which the international application was actually received by the receiving Office, the right to file an international application with that receiving Office.  In those circumstances, the applicant should submit evidence to the receiving Office accordingly, together with a proposed correction of the indications concerning his residence and/or nationality.  If the receiving Office is satisfied, on the basis of that evidence, of the applicant’s right to file the international application, the invitation to correct the defect under Article 11(1)(i) will be considered to be an invitation to correct a defect under Article 14(1)(a)(ii) and Rule 4.5 in the prescribed indications concerning the applicant’s residence and/or nationality, and the indications may be corrected accordingly.  If such a correction is made, no defect will be considered to exist under Article 11(1)(i), and the defect will thus not prevent the accordance of the actual date of receipt of the international application as the international filing date.  Note, however, that the United States Patent and Trademark Office as receiving Office has stated that it will not apply the procedure outlined above.

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

Date retrieved: 24 November 2017

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