World Intellectual Property Organization

 Administrative Instructions under the Patent Cooperation Treaty

 as in force from September 16, 2012

TABLE OF CONTENTS1

PART 1:  INSTRUCTIONS RELATING TO GENERAL MATTERS

  • Section 101:  Abbreviated Expressions and Interpretation
  • Section 102:  Use of the Forms
  • Section 102bis:  Filing of PCT-EASY Request Together with PCT-EASY Physical Medium Containing Request Data and Abstract
  • Section 103:  Languages of the Forms Used by International Authorities
  • Section 104:  Language of Correspondence in Cases Not Covered by Rule 92.2
  • Section 105:  Identification of International Application with Two or More Applicants
  • Section 106:  Change of Common Representative
  • Section 107:  Identification of International Authorities and of Designated and Elected Offices
  • Section 108:  Correspondence Intended for the Applicant
  • Section 109:  File Reference
  • Section 110:  Dates
  • Section 111:  Procedure in the Case of Excuse of the Delay in Meeting Certain Time Limits under Rule 82quater
  • Section 112:  Ceasing of Effect under Articles 24(1)(iii) and 39(2), Review under Article 25(2) and Maintaining of Effect under Articles 24(2) and 39(3)
  • Section 113:  Special Fees Payable to the International Bureau
  • Section 114[Deleted]
  • Section 115:  Indications of States, Territories and Intergovernmental Organizations

PART 2:  INSTRUCTIONS RELATING TO THE INTERNATIONAL APPLICATION

  • Section 201:  Language of the International Application
  • Section 202[Deleted]
  • Section 203:  Different Applicants for Different Designated States
  • Section 204:  Headings of the Parts of the Description
  • Section 204bis:  Numbering of Claims
  • Section 205:  Numbering and Identification of Claims upon Amendment
  • Section 206:  Unity of Invention
  • Section 207:  Arrangement of Elements and Numbering of Sheets of the International Application
  • Section 208:  Sequence Listings
  • Section 209:  Indications as to Deposited Biological Material on a Separate Sheet
  • Section 210[Deleted]
  • Section 211:  Declaration as to the Identity of the Inventor
  • Section 212:  Declaration as to the Applicant’s Entitlement to Apply for and Be Granted a Patent
  • Section 213:  Declaration as to the Applicant’s Entitlement to Claim Priority of Earlier Application
  • Section 214:  Declaration of Inventorship
  • Section 215:  Declaration as to Non-Prejudicial Disclosures or Exceptions to Lack of Novelty
  • Section 216:  Notice of Correction or Addition of a Declaration under Rule 26ter

PART 3:  INSTRUCTIONS RELATING TO THE RECEIVING OFFICE

  • Section 301:  Notification of Receipt of Purported International Application
  • Section 302:  Priority Claim Considered Not to Have Been Made
  • Section 303:  Deletion of Additional Matter in the Request
  • Section 304:  Invitation to Pay Fees before Date on Which They Are Due
  • Section 305:  Identifying the Copies of the International Application
  • Section 305bis:  Preparation, Identification and Transmittal of the Copies of the Translation of the International Application
  • Section 305ter:  Identification and Transmittal of the Translation of an Earlier Application Furnished under Rule 20.6(a)(iii)
  • Section 306:  Delayed Transmittal of Search Copy
  • Section 307:  System of Numbering International Applications
  • Section 308:  Marking of the Sheets of the International Application and of the Translation Thereof
  • Section 308bis:  Marking of Later Submitted Sheets
  • Section 309:  Procedure in the Case of Later Submitted Sheets Furnished for the Purposes of Incorporation by Reference
  • Section 310:  Procedure in the Case of Later Submitted Sheets Not Furnished for the Purposes of Incorporation by Reference
  • Section 310bis:  Procedure in the Case of Later Submitted Sheets Resulting in the Correction of the International Filing Date under Rule 20.5(c)
  • Section 310ter: Procedure in the Case of Later Submitted Sheets Furnished after the Expiration of the Applicable Time Limit Referred to in Rule 20.7
  • Section 311:  Renumbering in the Case of Deletion, Substitution or Additionof Sheets of the International Application and of the Translation Thereof
  • Section 312:  Notification of Decision Not to Issue Declaration that the International Application Is Considered Withdrawn
  • Section 313:  Documents Filed with the International Application;  Manner of Marking the Necessary Annotations in the Check List
  • Section 314:  Correction or Addition of a Priority Claim under Rule 26bis
  • Section 315[Deleted]
  • Section 316:  Procedure in the Case Where the International Application Lacks the Prescribed Signature
  • Section 317:  Transmittal of a Notice of Correction or Addition of a Declaration under Rule 26ter.1
  • Section 318:  Cancellation of Designations of Non-Contracting States
  • Section 319:  Procedure under Rule 4.9(b)
  • Section 320:  Invitation to Pay Fees under Rule 16bis.1(a)
  • Section 321:  Application of Moneys Received by the Receiving Office in Certain Cases
  • Section 322:  Invitation to Submit a Request for Refund of the Search Fee
  • Section 323:  Transmittal of Priority Documents to International Bureau
  • Section 324:  Copy of Notification of the International Application Number and the International Filing Date under Rule 20.2(c)
  • Section 325:  Corrections of Defects under Rule 26.4, Rectifications of Obvious Mistakes under Rule 91, and Corrections under Rule 9.2
  • Section 326:  Withdrawal by Applicant under Rule 90bis.1, 90bis.2 or 90bis.3
  • Section 327Ex Officio Correction of Request by the Receiving Office
  • Section 328:  Notifications Concerning Representation
  • Section 329:  Correction of Indications Concerning the Applicant’s Residence or Nationality
  • Section 330:  Transmittal of Record Copy Prevented or Delayed by National Security Prescriptions
  • Section 331:  Receipt of Confirmation Copy
  • Section 332:  Notification of Languages Accepted by the Receiving Office under Rules 12.1(a) and (c) and 12.4(a)
  • Section 333:  Transmittal of International Application to the International Bureau as Receiving Office
  • Section 334:  Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
  • Section 335:  Transmittal of PCT-EASY Request Data and Abstract
  • Section 336:  Waivers under Rules 90.4(d) and 90.5(c)
  • Section 337:  Transmittal of copy of results of earlier search 

PART 4:  INSTRUCTIONS RELATING TO THE INTERNATIONAL BUREAU

  • Section 401:  Marking of the Sheets of the Record Copy
  • Section 402:  Correction or Addition of a Priority Claim under Rule 26bis
  • Section 403:  Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
  • Section 404:  International Publication Number of International Application
  • Section 405:  Publication of Notifications of Languages Accepted by the Receiving Office under Rules 12.1(a) and (c) and 12.4(a)
  • Section 406:  Publication of International Applications
  • Section 407:  The Gazette
  • Section 408:  Priority Application Number
  • Section 409:  Priority Claim Considered Not to Have Been Made
  • Section 410:  Numbering of Sheets for the Purposes of International Publication; Procedure in Case of Missing Sheets
  • Section 411:  Receipt of Priority Document
  • Section 411bis:  Receipt of Translation of Earlier Application under Rule 20.6(a)(iii)
  • Section 412:  Notification of Lack of Transmittal of Search Copy
  • Section 413:  Incorporations by Reference under Rule 20, Corrections of Defects under Rule 26.4, Rectifications of Obvious Mistakes under Rule 91, and Corrections under Rule 9.2
  • Section 413bis:  Rectifications of Obvious Mistakes under Rule 91
  • Section 414:  Notification to the International Preliminary Examining Authority Where the International Application Is Considered Withdrawn
  • Section 415:  Notification of Withdrawal under Rule 90bis.1, 90bis.2, 90bis.3, 90bis.3bis or 90bis.4
  • Section 416:  Correction of Request in Record Copy
  • Section 417:  Processing of Amendments under Article 19
  • Section 418:  Notifications to Elected Offices Where the Demand Is Considered Not to Have Been Submitted or Made
  • Section 419:  Processing of a Declaration under Rule 26ter
  • Section 420:  Copy of International Application, International Search Report and Supplementary International Search Report for the International Preliminary Examining Authority
  • Section 421:  Invitation to Furnish a Copy of the Priority Document
  • Section 422:  Notifications Concerning Changes Recorded under Rule 92bis.1
  • Section 422bis:  Objections Concerning Changes in the Person of the Applicant Recorded under Rule 92bis.1(a)
  • Section 423:  Cancellation of Designations and Elections
  • Section 424:  Procedure under Rule 4.9(b)
  • Section 425:  Notifications Concerning Representation
  • Sections 426 to 429[Deleted]
  • Section 430:  Notification of Designations under Rule 32
  • Section 431:  Publication of Notice of Submission of Demand
  • Section 432:  Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
  • Section 433:  Waivers under Rule 90.4(d)
  • Section 434:  Publication of Information Concerning Waivers under Rules 90.4(d) and 90.5(c)
  • Section 435:   Communication of Publications and Documents
  • Section 436:  Preparation, Identification and Transmittal of the Copies of the Translation of the International Application

PART 5:  INSTRUCTIONS RELATING TO THE INTERNATIONAL SEARCHING AUTHORITY

  • Section 501:  Corrections Submitted to the International Searching Authority Concerning Expressions, Etc., Not to Be Used in the International Application
  • Section 502:  Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
  • Section 503:  Method of Identifying Documents Cited in the International Search Report and the Written Opinion of the International Searching Authority
  • Section 504:  Classification of the Subject Matter of the International Application
  • Section 505:  Indication of Citations of Particular Relevance in the International Search Report
  • Section 506[Deleted]
  • Section 507:  Manner of Indicating Certain Special Categories of Documents Cited in the International Search Report
  • Section 508:  Manner of Indicating the Claims to Which the Documents Cited in the International Search Report Are Relevant
  • Section 509:  International Search and Written Opinion of the International Searching Authority on the Basis of a Translation of the International Application
  • Section 510:  Refund of Search Fee in Case of Withdrawal of International Application
  • Section 511:  Rectifications of Obvious Mistakes under Rule 91
  • Section 512:  Notifications Concerning Representation
  • Section 513:  Sequence Listings
  • Section 514:  Authorized Officer
  • Section 515:  Modification of Abstract in Response to Applicant’s Comments
  • Section 516:  Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
  • Section 517:  Waivers under Rules 90.4(d) and 90.5(c)
  • Section 518:  Guidelines for Explanations Contained in the Written Opinion of the International Searching Authority
  • Section 519:  Notification of Receipt of Copy of International Application for the Purposes of Supplementary International Search
  • Section 520:  Withdrawal by Applicant under Rule 90bis.3bis

PART 6:  INSTRUCTIONS RELATING TO THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

  • Section 601:  Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
  • Section 602:  Processing of Amendments by the International Preliminary Examining Authority
  • Section 603:  Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
  • Section 604:  Guidelines for Explanations Contained in the International Preliminary Examination Report
  • Section 605:  File to Be Used for International Preliminary Examination
  • Section 606:  Cancellation of Elections
  • Section 607:  Rectifications of Obvious Mistakes under Rule 91
  • Section 608:  Notifications Concerning Representation
  • Section 609:  Withdrawal by Applicant under Rules 90bis.1, 90bis.2 or 90bis.3
  • Section 610:  Sequence Listings
  • Section 611:  Method of Identification of Documents in the International Preliminary Examination Report
  • Section 612:  Authorized Officer
  • Section 613:  Invitation to Submit a Request for Refund of Fees under Rule 57.4 or 58.3
  • Section 614:  Evidence of Right to File Demand
  • Section 615:  Invitation to Pay Fees before Date on Which They Are Due
  • Section 616:  International Preliminary Examination on the Basis of a Translation of the International Application
  • Section 617:  Waivers under Rules 90.4(d) and 90.5(c)

PART 7:  INSTRUCTIONS RELATING TO THE FILING AND PROCESSING IN ELECTRONIC FORM OF INTERNATIONAL APPLICATIONS

  • Section 701:  Abbreviated Expressions
  • Section 702:  Filing, Processing and Communication in Electronic Form of International Applications
  • Section 703:  Filing Requirements; Basic Common Standard
  • Section 704:  Receipt; International Filing Date; Signature; Physical Requirements
  • Section 705:  Home Copy, Record Copy and Search Copy Where International Application Is Filed in Electronic Form
  • Section 705bis:  Processing in Electronic Form of International Applications Filed on Paper; Home Copy, Record Copy and Search Copy
  • Section 706:  Documents in Pre-Conversion Format 
  • Section 707:  Calculation of International Filing Fee and Fee Reduction
  • Section 708:  Special Provisions Concerning Legibility, Completeness, Infection by Viruses, Etc.
  • Section 709:  Means of Communication with the Receiving Office
  • Section 710:  Notification and Publication of Receiving Offices' Requirements and Practices
  • Section 711:  Electronic Records Management
  • Section 712:  Access to Electronic Records
  • Section 713:  Application of Provisions to International Authorities and the International Bureau, and to Notifications, Communications, Correspondence and Other Documents
  • Section 714:  Furnishing by the International Bureau of Copies of Documents Kept in Electronic Form; Designated Offices’ Signature Requirements
  • Section 715:  Availability of Priority Documents from Digital Libraries
  • Section 716:  Request that Priority Document be Obtained from a Digital Library under Rule 17.1(b-bis)

PART 8:  INSTRUCTIONS RELATING TO OBSERVATIONS BY THIRD PARTIES

  • Section 801:  Third Party Observation System
  • Section 802:  Filing of a Third Party Observation
  • Section 803:  Availability of an Observation and Related Information
  • Section 804:  Notification of Receipt of an Observation to the Applicant and Comments by the Applicant in Response to an Observation
  • Section 805:  Communication of Observations and Comments to International Authorities and Designated Offices

ANNEX A:  FORMS

ANNEX B:  UNITY OF INVENTION

ANNEX C:   STANDARD FOR THE PRESENTATION OF NUCLEOTIDE AND AMINO ACID SEQUENCE LISTINGS IN INTERNATIONAL PATENT APPLICATIONS UNDER THE PCT

  • Appendix 1: Numeric Identifiers
  • Appendix 2: Nucleotide and Amino Acid Symbols and Feature Table

Table 1: List of Nucleotides

Table 2: List of Modified Nucleotides

Table 3: List of Amino Acids

Table 4: List of Modified and Unusual Amino Acids

Table 5: List of Feature Keys Related to Nucleotide Sequences

Table 6: List of Feature Keys Related to Protein Sequences

ANNEX D:  INFORMATION FROM FRONT PAGE OF PUBLISHED INTERNATIONAL APPLICATION TO BE INCLUDED IN THE GAZETTE UNDER RULE 86.1(i)

ANNEX E:  INFORMATION TO BE PUBLISHED IN THE GAZETTE UNDER RULE 86.1(v)

ANNEX F:  Standard for the Electronic Filing and Processing of International Applications

______________________

1 Editor’s Note: Table of Contents and Editor’s Notes are added for the convenience of the reader; they do not form part of the Administrative Instructions.

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