Administrative Instructions under the Patent Cooperation Treaty
Section 716
Request that Priority Document be Obtained
from a Digital Library under Rule 17.1(b-bis)
(a) Any request under Rule 17.1(b-bis):
(i) shall identify the priority document concerned in accordance with Rule 4.10(a);
(ii) where the priority document is held in connection with another application which relied upon that priority document to support a priority claim and that digital library is to be accessed other than through the Digital Access Service for Priority Documents, and if so required by the receiving Office or the International Bureau, shall indicate the number of that other application; and
(iii) where applicable, shall be accompanied by the fee referred to in Rule 17.1(b-bis).
(b) Where the applicant, in accordance with Rule 17.1(b-bis) and paragraph (a) of this Section, requests the receiving Office or the International Bureau to obtain a priority document which, in accordance with Section 715(a), is considered to be available from a digital library to that Office or the International Bureau, but that Office or the International Bureau finds that the priority document is in fact not available to it, that Office or the International Bureau, as the case may be, shall notify the applicant, giving the opportunity to furnish the priority document to it, or to ensure that the document is made available to it from a digital library, within a time limit of not less than two months from the date of the notification or within the time limit specified in Rule 17.1(a), whichever time limit expires later. Where the priority document is furnished or becomes available to the Office or the International Bureau within that time limit, the requirements of Rule 17.1(b-bis) shall be considered to have been met. If the priority document is not so furnished or does not become available within that time limit, the request that the document be obtained from a digital library shall be considered not to have been made.
(c) Where the applicant requests the receiving Office or the International Bureau under Rule 17.1(b-bis) to obtain a priority document from a digital library but that request does not comply with the requirements of that Rule and paragraph (a) of this Section, or the priority document concerned is not considered to be available to that Office or the International Bureau in accordance with Section 715(a), that Office or the International Bureau, as the case may be, shall promptly inform the applicant accordingly.
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