World Intellectual Property Organization

Regulations under the PCT

Rule 9411
Access to Files

94.1       Access to the File Held by the International Bureau

(a)  At the request of the applicant or any person authorized by the applicant, the International Bureau shall furnish, subject to reimbursement of the cost of the service, copies of any document contained in its file.

(b)  The International Bureau shall, at the request of any person but not before the international publication of the international application and subject to Article 38, furnish, subject to the reimbursement of the cost of the service, copies of any document contained in its file.

(c)12  The International Bureau shall, if so requested by an elected Office, furnish copies of the international preliminary examination report under paragraph (b) on behalf of that Office. The International Bureau shall promptly publish details of any such request in the Gazette.13

94.2       Access to the File Held by the International Preliminary Examining Authority

At the request of the applicant or any person authorized by the applicant, or, once the international preliminary examination report has been established, of any elected Office, the International Preliminary Examining Authority shall furnish, subject to reimbursement of the cost of the service, copies of any document contained in its file.

94.3       Access to the File Held by the Elected Office

If the national law applicable by any elected Office allows access by third parties to the file of a national application, that Office may allow access to any documents relating to the international application, including any document relating to the international preliminary examination, contained in its file, to the same extent as provided by the national law for access to the file of a national application, but not before the international publication of the international application. The furnishing of copies of documents may be subject to reimbursement of the cost of the service.

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11  Editor's Note: Rule 94 as in force from July 1, 1998, applies only in respect of international applications filed on or after that date. Rule 94 as in force until June 30, 1998, continues to apply after that date in respect of international applications filed until  that date. The text of Rule 94 as in force until June 30, 1998, is reproduced below:

"Rule 94
Furnishing of Copies by the International Bureau and
the International Preliminary Examining Authority 

94.1       Obligation to Furnish

              At the request of the applicant or any person authorized by the applicant, the International Bureau and the International Preliminary Examining Authority shall furnish, subject to reimbursement of the cost of the service, copies of any document contained in the file of the applicant's international application or purported international application."

12  Editor's Note: Rule 94.1(c) as in force from January 1, 2004, applies to international applications filed on or after that date. Rule 94.1(c) also applies to the furnishing on or after January 1, 2004, of copies of the international preliminary examination report in respect of any international application, whether the international filing date of the application is before, on or after January 1, 2004.

13  Editor's Note: Information concerning which elected Offices have requested the International Bureau to furnish copies of international preliminary examination reports on their behalf is also published on the WIPO website at: www.wipo.int/pct/en/texts/pdf/access_iper.pdf.

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