PCT AG-IP 6.054 Can the applicant appeal or file a petition against an unfavorable decision of the receiving Office?

6.054.   Can the applicant appeal or file a petition against an unfavorable decision of the receiving Office?  The PCT does not expressly provide for any appeal or petition during the international phase. However, practice has shown that receiving Offices reconsider their decisions on petition, and that some national courts or appeal boards have accepted appeals against decisions taken by national (or regional) Offices in their capacity as receiving Offices.  However, the latter possibility, even where the applicant is successful in obtaining a revision of the decision of the receiving Office in his favor, may remain without effect in the States designated in the international application, particularly when the applicant has not performed the acts required under Article 22(1), 39(1)(a) or 25 within the applicable time limit.

Article 25
Rule 29.1
51

6.055.   The PCT provides for the review by designated Offices of any decision of the receiving Office refusing to accord an international filing date or declaring that the international application is considered withdrawn.  (For details of the procedure, including the time limit for requesting such review, see National Phase, paragraphs 6.018 to 6.021.)

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

Date retrieved: 02 November 2015

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