PCT AG-NP 5.005 What can be done in the international phase to simplify the processing of international applications in the national phase?

Rule 4.17
51bis.2

5.005.   What can be done in the international phase to simplify the processing of international applications in the national phase?  The applicant may include in Box No. VIII of the request form one or more of the following declarations under Rule 4.17:

Rule 4.17(i)
51bis.1(a)(i)

– Box No. VIII(i): declaration as to the identity of the inventor (noting that such declaration need not be made in Box No. VIII(i) if the name and address of the inventor are indicated in the request, that is, usually in Boxes No. II and/or III);

Rule 4.17(ii)
51bis.1(a)(ii)

– Box No. VIII(ii): declaration as to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent;

Rule 4.17(iii)
51bis.1(a)(iii)

– Box No. VIII(iii): declaration as to the applicant’s entitlement, as at the international filing date, to claim priority of the earlier application;

Rule 4.17(iv)
51bis.1(a)(iv)

– Box No. VIII(iv): declaration of inventorship (only for the purposes of the United States of America), noting that that declaration must be signed;

Rule 4.17(v)
51bis.1(a)(v)

– Box No. VIII(v): declaration as to non-prejudicial disclosures or exceptions to lack of novelty.

Where the request contains a declaration complying with Rule 4.17(i) to (iv), a designated Office may not (except if it has informed the International Bureau to the contrary) require any document or evidence relating to the subject matter of that declaration (see paragraph 5.003) unless it reasonably doubts the veracity of the declaration concerned.  In the case of a declaration as to non-prejudicial disclosures or exceptions to lack of novelty made under Rule 4.17(v), the designated Offices concerned are always entitled to require further documents of evidence.  For further details, see International Phase, paragraphs 5.074 to 5.080.

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

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase