World Intellectual Property Organization

PCT Receiving Office Guidelines

Chapter XIII: Record Copy, Search Copy and Home Copy

Transmittal to the International Searching Authority of the Search Copy and Other Items

General

288. If the search fee has been paid, the receiving Office transmits (Form PCT/RO/118) the search copy to the International Searching Authority (Rule 23.1(a) and (b)). The search copy is not to be transmitted if the international application is withdrawn by the applicant or is considered withdrawn by the receiving Office.

289. Where a translation of the international application is furnished under Rule 12.3, that translation, together with a copy of the request, is considered to be the search copy under Article 12(1) (Rule 23.1(b) and Section 305bis(a)(iii)). In such case, no copy of the international application in the original language is to be transmitted to the International Searching Authority.

290. Items to Accompany the Search Copy. Together with the search copy, the receiving Office transmits any sequence listing in electronic form (Rule 23.1(c)) or any sequence listing in printed form not forming part of the international application (Section 313(c)), any document concerning the deposit of biological material, any document concerning an earlier search, and a copy of any required power of attorney.  Where the sequence listing is received by the receiving Office after the transmittal of the search copy, the receiving Office promptly transmits the sequence listing to the International Searching Authority (Rule 23.1(c) and Section 313(c)).

291. Time Limit for Transmittal. The transmittal must be effected at the latest on the same day as the record copy is transmitted to the International Bureau (Rule 23.1(a)) or, where a translation of the international application is furnished under Rule 12.3, promptly after receipt of that translation, unless no search fee has been paid.

292. Failure to Pay the Search Fee;  Delayed Transmittal of the Search Copy.  Where the search fee has not been paid in whole or in part at the time when the record copy is transmitted, the receiving Office does not transmit the search copy until the search fee has been fully paid. In such case, the receiving Office transmits the search copy promptly after payment of the search fee (Rule 23.1(a) and (b)). Where transmittal of the search copy is delayed, the receiving Office may inform (Form PCT/RO/102) the applicant. The receiving Office notifies the International Bureau about that fact by marking the check-box provided for this purpose on the last page of the request (Section 306).

293. If the search copy has been transmitted to the International Searching Authority although the search fee has not been paid, the receiving Office promptly notifies the International Searching Authority of that fact. Form PCT/RO/132 may be used for that purpose.

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