World Intellectual Property Organization

Administrative Instructions under the Patent Cooperation Treaty

Section 419
Processing of a Declaration under Rule 26ter

(a)  Where any declaration referred to in Rule 4.17, or any correction thereof under Rule 26ter.1, is submitted to the International Bureau within the time limit under Rule 26ter.1, the International Bureau shall indicate the date on which it received the declaration or correction and insert the additional sheet or replacement sheet in the record copy.

(b)  The International Bureau shall promptly notify the applicant, the receiving Office and the International Searching Authority of any declaration corrected or added under Rule 26ter.1.

(c)  The International Bureau shall not make any ex officio correction to declarations referred to in Rule 4.17 which are contained in the request.

(d)  Where any declaration referred to in Rule 4.17, or any correction thereof under Rule 26ter.1, is submitted to the International Bureau after the expiration of the time limit under Rule 26ter.1, the International Bureau shall notify the applicant accordingly and inform the applicant that such a declaration or correction should be submitted directly to the designated Office or Offices concerned. Any declaration referred to in Rule 4.17(iv), signed as prescribed in Section 214, which is submitted to the International Bureau after the expiration of the time limit under Rule 26ter.1 shall be returned to the applicant.

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