World Intellectual Property Organization

PCT Receiving Office Guidelines

Chapter V: Language Check (Article 3(4)(i)Rules 12.1, 12.3, 12.4 and 26.3ter)

Language of Request

59. Requirements. With regard to the request, the receiving Office checks, within the time limit under Rule 26.3ter(c), whether the request (including any declaration contained in the request under Rule 4.17) complies with Rule 12.1(c), that is, whether it is filed in a language of publication which the receiving Office accepts for the filing of the request.

60. Correction of Defects. Where the request does not comply with Rule 12.1(c), the receiving Office invites (Form PCT/RO/106) the applicant to furnish, within the time limit referred to in Rule 26.2 (Rule 26.3ter(c)), the request (including any declaration contained in the request under Rule 4.17) in any language of publication which it accepts for the filing of the request. Where the applicant has the choice between two or more languages, the receiving Office should send to the applicant, together with the invitation, copies of the request form in those languages. A copy of that invitation is sent to the International Bureau.4 Any correction of a defect in a translation of the request furnished under Rule 26.3ter(c) must be in the language of the translation (Rule 12.2(c)).

61. Failure to Correct. Where the receiving Office has sent to the applicant an invitation under Rule 26.3ter(c) and the applicant has not, within the applicable time limit, furnished the required correction, it proceeds as provided in Rule 26.5 and, if its determination is negative, declares (Form PCT/RO/117) the international application to be considered withdrawn, in which case Rule 29.1 applies mutatis mutandis. For the procedure applicable in such case, see paragraph 159.

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4  With regard to international applications filed with the United States Patent and Trademark Office as receiving Office, see paragraph 57 and the accompanying footnote.

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