PCT AG-NP 6.018 In which case may a request for review be made?

Article 25

6.018.   In which case may a request for review be made?  A review by the designated Office of the following decisions may be requested:

(i) the receiving Office has refused to accord an international filing date to the international application because of certain defects in that application;

(ii) the receiving Office has declared that the international application is considered withdrawn because of certain defects in that application or because of non-payment of the prescribed fees;

(iii) the International Bureau has made a finding that the international application is considered withdrawn because it has not received the record copy within the prescribed time limit.

Article 25(2)(a)

Thus, those decisions that may have been made during the international phase and affect the international application as such are subject to review by each designated Office.  Review by the designated Office consists of an examination to ascertain whether the receiving Office’s refusal or declaration or the International Bureau’s finding was the result of an error or omission on the part of the authority concerned.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=np06.html

Date retrieved: 24 November 2017

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PCT Articles

PCT Applicant's Guide - International Phase