PCT AG-IP 9.028 How and when do the designated Offices receive copies of the international application?

Article 20(1)(a)
22(1)
Rule 47.1(a)
47.2
47.3
93bis

9.028.   How and when do the designated Offices receive copies of the international application?  Subject to what is said in this paragraph and in paragraph 9.029, the International Bureau communicates a copy of the international application in the language in which the international application is published, to each designated Office upon their request and at the time specified by that Office, pursuant to Rule 93bis, but not prior to the international publication.  Where the language in which the international application is published is different from the language in which it was filed, the International Bureau will furnish to any designated Office, upon the request of that Office, a copy of that application in the language in which it was filed.  In practice, the communication is effected by sending a copy of the published international application (for details concerning the contents of published international applications, see paragraph 9.015).  The International Bureau also sends, promptly after the expiration of 19 months from the priority date in respect of designated Offices which do not apply the 30-month time limit, and again promptly after the expiration of 28 months from the priority date in respect of designated Offices which do apply the 30-month time limit, a notice (Form PCT/IB/308 (First Notice) (19 months) and Form PCT/IB/308 (Second and Supplementary Notice) (28 months)) to the applicant informing him of the Offices to which the communication has been effected and of the date of such communication.  The notices must be accepted by all designated Offices as conclusive evidence that the communication has duly taken place on the date specified in the notices.  On receiving the notices, the applicant knows that he does not have to send a copy of the international application to any of the designated Offices indicated on them as having been sent the communication.

Article 13
23(2)
40(2)
Rule 31
47.4
61.2(d)

9.029.   A copy of the international application (albeit without the international search report) is communicated by the International Bureau, prior to the communication referred to in the preceding paragraphs, to any designated Office which so requests;  this transmittal may not be done before the expiration of one year from the priority date.  It should be noted that, to date, no national or regional Office has asked for a copy of all the international applications designating it to be the subject of such an early communication.  If he wishes, the applicant may at any time transmit, or ask the International Bureau to transmit, a copy of his international application to any designated Office.  Such special transmittal by the International Bureau requires the payment of a fee, the amount of which is indicated in Annex B (IB).  Further details are to be found in Article 13 and Rule 31.  It is to be noted that transmittal in this way does not, unless expressly requested by the applicant, entitle the designated Office to start its processing of the international application.  If, however, the applicant makes an express request to a designated or elected Office (under Article 23(2) or 40(2), respectively) for early commencement of national processing, the International Bureau then promptly effects the communication to the Office concerned upon request by the applicant or the designated or elected Office.

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

Date retrieved: 02 November 2015

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