World Intellectual Property Organization

PCT Receiving Office Guidelines

Chapter VIbis: Requests in PCT-EASY Format

Correction of Defects in PCT-EASY Requests

165F. Checking of Request in PCT-EASY Format. If a request in PCT-EASY format is filed with a receiving Office which is prepared to accept the filing of that request in that format, that Office checks whether the request does indeed appear to be a computer generated print out prepared using the PCT-EASY software and is not, for example, a print out or other paper document prepared using word processing or other software or a typewriter.

165G. The receiving Office also checks whether the request is accompanied by a computer diskette. If it is, the receiving Office first checks whether that diskette contains any computer viruses before processing it. If the diskette is virus free, the receiving Office then checks and processes the diskette using the features of the PCT-EASY software designed especially for receiving Office use, as explained in the PCT-EASY Manual for PCT Receiving Offices available on the PCT-SAFE website. In particular, the receiving Office checks that the diskette has been prepared using the PCT-EASY software and that it contains both a copy of the data contained in the request and a copy of the abstract.

165H. The receiving Office also carries out the same checks on the contents of a request presented as a computer print out that are carried out in the case of a request presented on Form PCT/RO/101.

165I. Request Not in PCT-EASY Format Filed with PCT-EASY Diskette. If the international application contains a request which is not in PCT-EASY format (for example, a request corresponding to Form PCT/RO/101) but a PCT-EASY diskette is furnished together with the application papers, the receiving Office notifies the applicant that the conditions for applying the fee reduction related to the use of PCT-EASY software are not satisfied and invites the applicant to pay the missing amount (Section 304 and, if applicable, Rule 16bis, see paragraphs 258 to 265) unless a substitute request in PCT-EASY format is filed immediately (that is before the receiving Office transmits the record copy to the International Bureau).

165J. If a PCT-EASY diskette is filed with a request that is not in the PCT-EASY format and does not correspond to Form PCT/RO/101, the receiving Office proceeds as outlined in paragraph 75A. If a PCT EASY diskette is filed alone, the requirements for according an international filing date are not fulfilled and the receiving Office proceeds as outlined in paragraphs 45 to 47. If, in either case, a reduced international filing fee has been paid, the receiving Office notifies the applicant that the conditions for applying the fee reduction related to the use of the PCT-EASY software are not satisfied and invites the applicant to pay the missing amount (Section 304 and, if applicable, Rule 16bis, see paragraphs 258 to 265).

165K. Correction of Request in PCT-EASY Format. The receiving Office invites (Form PCT/RO/106) the applicant to correct any defects in a request in PCT-EASY format within a time limit fixed in the invitation. A correction which is stated in a letter and is not accompanied by a replacement print out of the entire request prepared using the PCT-EASY software is acceptable if it is of such a nature that the correction can be transferred ex officio by the receiving Office onto the request part of the record copy without affecting the clarity and direct reproducibility of the sheet on to which the correction is to be transferred (Rule 26.4). Otherwise, the applicant should be required to submit a replacement print out of the entire request, or, as the case may be, one or more replacement sheets embodying the correction in the form of a print out, prepared using the PCT-EASY software, accompanied by a letter drawing attention to the differences between the replaced print out and the replacement print out (Rule 26.4). A replacement diskette is not required, and, if it is furnished, it will not be processed.

165L. Request in PCT-EASY Format Filed without PCT-EASY Diskette. If the PCT-EASY diskette is not filed with the request in PCT-EASY format, the receiving Office informs the applicant that the request does not comply with the requirements of Section 102bis(a) and invites the applicant (Form PCT/RO/106) to comply with those requirements, either by filing the required diskette immediately (that is before the receiving Office transmits the record copy to the International Bureau), or by filing a request corresponding to Form PCT/RO/101 (see paragraph 75A). Where a reduced international filing fee has been paid, the receiving Office also notifies the applicant that the conditions for applying the fee reduction related to the use of PCT-EASY software are not satisfied and invites the applicant to pay the missing amount (Section 304 and, if applicable, Rule 16bis, see paragraphs 258 to 265) unless such required diskette is filed immediately (that is before the receiving Office transmits the record copy to the International Bureau).

165M. PCT-EASY Diskette Is Defective or Incomplete. If the receiving Office finds that a diskette purporting to be a PCT-EASY diskette contains no data (for example, the diskette is blank) or incomplete data (for example, the text of the abstract is missing), or is unreadable (for example, it is found to contain a computer virus), it proceeds as though the request in PCT-EASY format had been filed without a PCT-EASY diskette (see paragraph 165L).

Explore WIPO