Administrative Instructions under the Patent Cooperation Treaty

Section 315
Processing of Documents by the Receiving Office under Rule 26bis.3(h-bis)

(a)  Where the receiving Office receives a request under Rule 26bis.3(h-bis) and decides not to transmit a document or part thereof to the International Bureau, it shall

(i)  indelibly mark on the request under Rule 26bis.3(h-bis) the date on which that request was received;

(ii)  indelibly mark, in the upper right-hand corner of each replacement sheet received, the international application number and the date on which that sheet was received;

(iii)  indelibly mark, in the middle of the bottom margin of each replacement sheet received, the words “SUBSTITUTE SHEET (RULE 26bis.3(h-bis))” or their equivalent in the language of publication of the international application;

(iv)  keep in its files a copy of the request under Rule 26bis.3(h-bis), and, where applicable, the replaced sheet, and a copy of the replacement sheet;

(v)  promptly transmit any replacement sheet to the International Bureau.

(b)  Where the receiving Office receives a request under Rule 26bis.3(h-bis) and finds that information in a part of a document meets the requirements in this Rule, but the receiving Office has not received a replacement sheet from the applicant in which that part has been removed, it may decide not to transmit the entire document or part thereof to the International Bureau and proceed as indicated under paragraph (a)(i) and (iv) as applicable, or invite the applicant to submit such a replacement sheet.  Where the applicant submits a replacement sheet within the time limit set by the receiving Office, the receiving Office proceeds as indicated under paragraph (a).  Where the applicant does not submit a replacement sheet within the time limit set by the receiving Office, the receiving Office may either transmit the document containing that part and the request under Rule 26bis.3(h-bis) to the International Bureau, or decide not to transmit the entire document or part thereof to the International Bureau under Rule 26bis.3(h‑bis).

(c)  Where the receiving Office finds on its own decision that information in a part of a document meets the requirements in Rule 26bis.3(h-bis), it may either invite the applicant to submit a replacement sheet in which that part has been removed and proceed as indicated under paragraph (b), or decide not to transmit the entire document or part thereof to the International Bureau.

(d)  Where the receiving Office receives a request under Rule 26bis.3(h-bis), but nevertheless decides to transmit that document or part thereof to the International Bureau, it shall proceed as indicated under paragraph (a)(i), (ii) and (iv), and promptly transmit the request under Rule 26bis.3(h-bis) and any proposed replacement sheet to the International Bureau.