PCT AG-IP 6.012 Can an international filing date once accorded be “taken away”?

Article 14(4)
Rule 29.1
Section 312

6.012.   Can an international filing date once accorded be “taken away”?  If, after having accorded an international filing date, the receiving Office finds that it should not have accorded it, the international application is considered withdrawn and the receiving Office so declares and promptly notifies the applicant.  However, such a finding may validly occur only during the four months following the international filing date and must be preceded by a notification to the applicant of the intention to make the declaration which should, where applicable, also include an invitation to confirm the incorporation of missing elements in accordance with Rule 20.6(a).  The applicant has the right to submit arguments within two months from the notification or, where applicable, confirm the incorporation by reference of missing elements.  For the rectification of errors made by the receiving Office in according the international filing date, see Rule 82ter.1 and the National Phase, paragraph 6.028.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip06.html

Date retrieved: 24 November 2017

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PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase