PCT AG-IP 6.032 What defects do not influence the international filing date?

6.032.   What defects do not influence the international filing date?  Where the receiving Office finds that

Article 14(1)(a)(i)
Rule 2.3

(i)  the international application is not signed (or, in the cases referred to in paragraph 5.091, does not bear a seal;  see also paragraph 11.027 for cases where an applicant refuses to sign or cannot be found or reached);

Article 14(1)(a)(ii)
Rule 4.4

(ii)  the international application does not contain the name of the applicant presented in the prescribed way (other than those referred to in paragraph 6.005(iii)(c), for which case see paragraph 6.025(i)(d)), or the prescribed indications in respect of at least one of the applicants – these indications are specified in Rules 4.4 and 4.5;  they include, in particular, the applicant’s address, residence and nationality;

Article 14(1)(a(iii)
Rule 4.3

(iii)  the international application does not contain a title (that is, a title for the claimed invention);

Article 14(1)(a)(iv)
Rule 8

(iv)  the international application does not contain an abstract;

Article 14(1)(a)(v)
Rule 11

(v)  the international application and, where applicable, the translation of the international application, does not comply, to the extent provided for in the Regulations, with the prescribed physical requirements (the physical requirements are specified in detail in Rule 11;  compliance with them must be checked only to the extent that such compliance is necessary for the purpose of reasonably uniform international publication, and no international application will be considered withdrawn for lack of such compliance if it complies to the extent necessary for the purpose of reasonably uniform international publication);

Article 3(4)(i)
Rule 12.1

(vi)  any element of the international application, other than the description and claims, is not in an admitted language (see paragraphs 5.013, 6.005(ii) and 6.006);

Article 14(1)(b)
Rule 26.1

the receiving Office invites the applicant to correct the defect (however, regarding international applications which are filed in a language which is accepted by the receiving Office but require translation, see paragraphs 6.013 to 6.020).  The time limit for filing the correction is two months from the date of the invitation.  If the correction is made within the time limit (including any extension – see paragraph 6.037), the international filing date remains the date on which the international application was received by the receiving Office;  otherwise, the international application is considered withdrawn. In certain Offices, however, the provisions of Rule 26.3ter(a) for correction of elements not in an accepted language are incompatible with the applicable national law.  For as long as that incompatibility continues, that Rule will not apply for those Offices;  all elements of an international application filed with those Offices as receiving Office must therefore comply with the language requirements of Rule 12.1 before an international filing date can be accorded (see also paragraph 6.006 and see Annex C for details).

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

Date retrieved: 24 November 2017

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