World Intellectual Property Organization

PCT Receiving Office Guidelines

Chapter VII: Priority Claims and Priority Documents

Correction or Addition of Priority Claim on the Applicant’s Own Initiative

173. A priority claim may be corrected or added on the applicant’s own initiative by a notice submitted to the receiving Office or the International Bureau within the time limit provided for under Rule 26bis.1(a); the correction of a priority claim made by the applicant may include the addition of any indication referred to in Rule 4.10 (Rule 26bis.1(a)).

174. Where the applicant furnishes such indications to the receiving Office, that Office enters them in the space provided therefor in the request and, as to markings in the margin, it proceeds as outlined in paragraph 170.

175. Where the priority claim, as corrected or added, does not comply with the requirements of Rule 4.10 and the time limit for correction (Rule 26bis.1(a)) has not yet expired, the receiving Office invites the applicant to correct the (remaining) defect(s) (Form PCT/RO/110).

176. Where, after the expiration of the time limit under Rule 26bis.1(a), a priority claim still does not comply with the requirements under Rule 4.10 (see paragraph 171), it is, for the purposes of the PCT procedure, considered void (Rule 26bis.2) and the receiving Office proceeds as set out in Rule 26bis.2(b), Section 302 and paragraph 172, provided that corrections furnished by the applicant after the expiration of that time limit, but before the receiving Office makes the declaration under Rule 26bis.2(b) and not later than one month after the expiration of the time limit, are considered to have been received before the expiration of that time limit. Moreover, in respect of a priority claim which on the face of it complies with the requirements of Rule 4.10 or which, because of the operation of Rule 26bis.2(c)(i) or (ii), could not be considered void, any correction furnished by the applicant after the expiration of the time limit under Rule 26bis.1(a) but not later than one month after the expiration of the time limit, is considered to have been received before the expiration of that time limit (Rule 26bis.2(b)).

176A. Where the applicant furnishes information concerning a priority claim to be added after the expiration of that time limit, the receiving Office declares (Form PCT/RO/111) that the priority claim can not be added since the applicable time limit has expired (Form PCT/RO/111).

177. Where corrections and/or additions are received by the receiving Office after the expiration of the time limit provided for under Rule 26bis.1(a), and, where applicable, after the receiving Office has made the declaration under Rule 26bis.2(b), and are therefore not to be taken into account, the receiving Office draws the applicant’s attention (Form PCT/RO/111) to the possibility of requesting the International Bureau, prior to the expiration of 30 months from the priority date and subject to the payment of a special fee (Section 113(c)), to publish information concerning the matter (Rule 26bis.2(e)).

178. [Deleted] .

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