PCT AG-IP 5.067 Can the applicant request that certain documents

Rule 26bis.3(h-bis)

5.067.   Can the applicant request that certain documents relating to a request for the restoration of the right of priority not be transmitted to the International Bureau?  Generally, receiving Offices will forward to the International Bureau all documents submitted in connection with a request for restoration of the right of priority. However, the applicant can make a reasoned request to the receiving Office that certain documents or parts thereof relating to such a request not be forwarded. Receiving Offices may also contact the applicant directly where such documents are noted to invite the applicant to submit a reasoned request for omission. If the receiving Office, upon the applicant’s request, finds that any document does not obviously serve the purpose of informing the public about the international application and publication or public access to any such document would clearly prejudice the personal or economic interests of any person and there is no prevailing public interest to have access to that document or part of it, it will not transmit that document or part of it to the International Bureau. Applicants should note that if essential information, necessary for establishing that the criterion for “due care” had been met, is not forwarded and thus not made available to the designated/elected Offices, it is more likely that the applicant's request for restoration of the right of priority will be reviewed during the national phase, and that he will be required to provide equivalent information again to the designated/elected Offices.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase