PCT AG-IP 6.058 How does the International Bureau monitor the receipt of the record copy?

Rule 20.2(c)

6.058.   How does the International Bureau monitor the receipt of the record copy?  The International Bureau, once informed by the receiving Office of the international application number and of the international filing date, monitors the receipt of the record copy.  If the International Bureau has not received the record copy within 13 months from the priority date, it urges the receiving Office to send it. If, one month later, the record copy has still not been received, the International Bureau notifies the applicant of the fact.  The applicant can then ask the receiving Office either to transmit the record copy or to issue – and this must be done free of charge – a certified copy of the international application which he can himself transmit to the International Bureau.  Only after the expiration of three months from the above-mentioned notification from the International Bureau to the applicant may the International Bureau make the finding that no record copy has been received within the prescribed time limit.  Thus the applicant will always have been warned and offered the possibility of taking care of the transmittal of the record copy himself before any loss of rights can occur.  The certification of a copy of the international application must be made free of charge in such a case, and may be refused only in certain cases (for instance where national security considerations prevent the international application from being treated as such;  for details, see Rule 22.1(e)).

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

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase