World Intellectual Property Organization

Administrative Instructions under the Patent Cooperation Treaty

Section 424
Procedure under Rule 4.9(b)

(a)  Where the International Bureau finds, if the Receiving Office has failed to do so, that the request contains an indication under Rule 4.9(b) that the designation of a State is not made but the request does not contain a priority claim to an earlier national application filed in that State, the International Bureau shall promptly notify the applicant accordingly and shall draw the applicant’s attention to Rule 26bis.

(b)  If the International Bureau does not, before the expiration of the time limit under Rule 26bis.1(a), receive a notice correcting or adding a priority claim to an earlier national application filed in the State, the designation of which is not made, it shall cancel ex officio the indication under Rule 4.9(b), shall enclose that indication in square brackets, draw a line between the square brackets while still leaving the indication legible, enter, in the margin, the words "CANCELLED EX OFFICIO BY IB" or their equivalent in French, and notify the applicant and the receiving Office accordingly.

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