PCT AG-IP 9.016 Can the applicant request that certain information be omitted from international publication?

Rule 86.1(i)
Section 407(b)

9.016.   On the same date the international application is published, the bibliographic data, the title of the invention, the abstract and a characteristic drawing (if any) of each published international application are made available on PATENTSCOPE.

9.016A.   Can the applicant request that certain information be omitted from international publication?  The applicant can make a reasoned request to the International Bureau to omit certain information from publication. He should preferably use form PCT/IB/384 for such a request, accompanied by replacement sheets from which the relevant information has been omitted, except for cases where the omission of information would result in the omission of an entire sheet, and an accompanying letter drawing attention to the differences between the replaced sheet(s) and the replacement sheet(s).  In his request, the applicant must also explain why the information does not obviously serve the purpose of informing the public about the international application, that the publication of such information would clearly prejudice the personal or economic interests of a person and that there is no prevailing public interest to have access to that information. The request for omission of information from publication must be received by the International Bureau prior to the completion of technical preparations for international publication (see paragraph 9.014).

If the International Bureau finds that the reasoned request satisfies all of the above-mentioned criteria, it will omit that information from international publication (and/or public file access, see paragraph 11.073A) and inform the applicant of its decision (form PCT/IB/385). If the International Bureau decides not to omit the requested information from international publication, it will inform the applicant accordingly (form PCT/IB/386).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip09.html

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase