World Intellectual Property Organization

Administrative Instructions under the Patent Cooperation Treaty

Section 305bis
Preparation, Identification and Transmittal
of the Copies of the Translation of the International Application

(a)  Where a translation of the international application is furnished under Rule 12.3, the receiving Office shall:

(i) be responsible for the prompt preparation of any additional copies required where the translation is furnished in less than the number of copies required for the purposes of this paragraph, and shall have the right to fix a fee for performing that task and to collect such fee from the applicant;

(ii) mark the words "RECORD COPY – TRANSLATION (RULE 12.3)" in the upper left-hand corner of the first page of the original copy of the translation and transmit that copy to the International Bureau;

(iii) mark the words "SEARCH COPY – TRANSLATION (RULE 12.3)" in the same space on one additional copy of the translation which, together with a copy of the request marked "SEARCH COPY" under Section 305(a)(ii), is considered pursuant to Rule 23.1(b) to be the search copy, and transmit such search copy to the International Searching Authority; and

(iv) mark the words "HOME COPY – TRANSLATION (RULE 12.3)" in the same space on the other such copy of the translation, and keep that copy in its files.

(b)  The receiving Office may, when marking the copies of the translation under paragraph (a), use, instead of the words referred to in that paragraph, the equivalent of those words in the language of publication of the international application.

(c)  Where a translation of the international application is furnished under Rule 12.4, the receiving Office shall:

(i) be responsible for the prompt preparation of any additional copies required where the translation is furnished in less than the number of copies required for the purposes of this paragraph, and shall have the right to fix a fee for performing that task and to collect such fee from the applicant;

(ii) mark the words "RECORD COPY – TRANSLATION (RULE 12.4)" in the upper left-hand corner of the first page of the original copy of the translation and transmit that copy to the International Bureau; and

(iii) mark the words "HOME COPY – TRANSLATION (RULE 12.4)" in the same space on the other such copy of the translation, and keep that copy in its files.

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