PCT AG-NP 5.001 What is the meaning of “special requirements” and when do they have to be complied with?

Article 27(1), (2),
(6) and (7)
Rule 51bis

5.001.   What is the meaning of “special requirements” and when do they have to be complied with? No designated Office is allowed to require, before the expiration of the applicable time limit for entering the national phase, the performance of acts other than those referred to in Article 22(1), namely the payment of the national fee, the furnishing of a translation (if prescribed) and, in exceptional cases, the furnishing of a copy of the international application, and the indication of the name and address of the inventor (see paragraph 4.001).  All other requirements of the national law, to the extent that they are admitted under Article 27, are referred to in this publication as "special requirements." They may still be complied with after entry into the national phase.  Rule 51bis indicates the most common of those requirements and provides that the applicant must be given an opportunity to comply with any such special requirement after the start of the national phase.  This opportunity is usually given either by sending an invitation to comply with a certain special requirement within a time limit indicated in the invitation or by providing in the national law for a certain time limit within which the applicant must, without invitation, comply with the requirement.

5.002.   For each designated Office, the National Chapter (Summary) lists the special requirements, if any, which must be complied with in connection with entry into the national phase, and indicates whether the Office concerned will invite the applicant to comply or, if there is no invitation, what the time limit is within which he must comply should he not have done so already.  It is highly recommended that any special requirement indicated in the National Chapter (Summary) be complied with at the time of performing the acts for entry into the national phase, because this is more economical and avoids the risk of forgetting to comply with the requirement later.  The most common of the special requirements are explained in general terms in the following paragraphs.  Details are given in each National Chapter (Summary).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np05.html

Date retrieved: 02 November 2015

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