PCT AG-IP 9.001 What are the main procedural steps at the International Bureau?

9.001.   What are the main procedural steps at the International Bureau?  The main procedural steps that any international application goes through at the International Bureau are the following:

Rule 22.1
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(i)  the International Bureau monitors the receipt of the record copy of the international application and notifies the fact, and the date of receipt, to the applicant and the authorities concerned;  for details, see paragraph 9.002;

Article 19
Rule 46

(ii)  the applicant may amend the claims of the international application under Article 19 by means of a communication addressed to the International Bureau;  for details, see paragraphs 9.004 to 9.011;

Article 21
Rule 48

(iii)  the international application is published by the International Bureau (such publication usually takes place just after the expiration of 18 months from the priority date);  for details, see paragraphs 9.012 to 9.024;

Article 20
Rule 43bis
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(iv) copies of the international application, the international search report and the written opinion of the International Searching Authority (in the form of the international preliminary report on patentability (Chapter I of the PCT) (see (v) and (vi) below) pertaining to it are transmitted by the International Bureau to the designated Offices;  for details, see paragraphs 9.028 and 9.029;

Rule 44bis

(v)  where a preliminary examination report (international preliminary report on patentability (Chapter II of the PCT)) has not been established, the International Bureau issues an international preliminary report on patentability (Chapter I of the PCT) (see paragraph 7.031);

Rule 44bis.2
44bis.3

(vi)  copies of that report are transmitted by the International Bureau to the applicant, and to the designated Offices in accordance with Rule 93bis, but not before the expiration of 30 months from the priority date;  the International Bureau may also if so requested by any designated State, transmit a copy of a translation into English of the international preliminary report on patentability (Chapter I of the PCT) to any interested designated Office and to the applicant at the same time as it communicates the report to that Office;

Article 36
Rule 70
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(vii)  where a demand for international preliminary examination has been filed, the International Bureau notifies the elected Offices, transmits the international preliminary report on patentability (Chapter II of the PCT) to them and makes a translation of that report into English (if required by any elected Office);  for further details, see paragraphs 10.006, 10.045, 10.078 and 10.079.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip09.html

Date retrieved: 24 November 2017

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