PCT AG-IP 9.015 What constitutes international publication?

Article 21(3)
Rule 48.1
48.2(a), (g)
and (h)
Section 404
406(b)

9.015.   What constitutes international publication?  Publication of international applications filed under the PCT takes place wholly in electronic form.  The published international application will include any declaration filed under Rule 4.17 and, if available at the time of publication, the international search report or declaration by the International Searching Authority to the effect that no international search report will be established, and also any amendment, including any statement, under Article 19.  Where the time limit for amending the claims has not expired at the time of the completion of the technical preparations for publication, the international application is published with an annotation accordingly, and any amendment received within the time limit is published later.  Similarly, if the international search report or declaration by the International Searching Authority is not available, the international application is published with an annotation accordingly and the report or declaration is published separately after it has been received by the International Bureau.  Each published international application is assigned an international publication number consisting of the code WO followed by an indication of the year and a serial number (for example, WO 2004/123456).  For further details governing international publication, see Article 21 and Rule 48.

Rule 86.1(i)
Section 407(b)

9.016.   On the same date the international application is published, the bibliographic data, the title of the invention, the abstract and a characteristic drawing (if any) of each published international application are made available on PATENTSCOPE.

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

Date retrieved: 02 November 2015

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PCT Applicant's Guide - International Phase