World Intellectual Property Organization

Regulations under the Patent Cooperation Treaty*

(as in force from January 1, 2013)**

TABLE OF CONTENTS***: [Long] [Short]

 

Long Table of contents:

Part A:       Introductory Rules

Rule 1: Abbreviated Expressions

1.1: Meaning of Abbreviated Expressions

Rule 2: Interpretation of Certain Words

2.1: "Applicant"
2.2: "Agent"
2.2bis: "Common Representative"
2.3: "Signature"
2.4:  "Priority Period"

Part B:       Rules Concerning Chapter I of the Treaty

Rule 3: The Request (Form)

3.1: Form of Request
3.2: Availability of Forms
3.3: Check List
3.4: Particulars

Rule 4: The Request (Contents)

4.1: Mandatory and Optional Contents; Signature
4.2: The Petition
4.3: Title of the Invention
4.4: Names and Addresses
4.5: The Applicant
4.6: The Inventor
4.7: The Agent
4.8: Common Representative
4.9: Designation of States; Kinds of Protection; National and Regional Patents
4.10: Priority Claim
4.11: Reference to Continuation or Continuation-in-Part, or Parent Application or Grant
4.12: Taking into Account Results of Earlier Search
4.13: [Deleted]
4.14: [Deleted]
4.14bis: Choice of International Searching Authority
4.15: Signature
4.16: Transliteration or Translation of Certain Words
4.17: Declarations Relating to National Requirements Referred to in Rule 51bis.1(a)(i) to (v)
4.18: Statement of Incorporation by Reference
4.19: Additional Matter

Rule 5: The Description

5.1: Manner of the Description
5.2: Nucleotide and/or Amino Acid Sequence Disclosure

Rule 6: The Claims

6.1: Number and Numbering of Claims
6.2: References to Other Parts of the International Application
6.3: Manner of Claiming
6.4: Dependent Claims
6.5: Utility Models

Rule 7: The Drawings

7.1: Flow Sheets and Diagrams
7.2: Time Limit

Rule 8: The Abstract

8.1: Contents and Form of the Abstract
8.2: Figure
8.3: Guiding Principles in Drafting

Rule 9: Expressions, Etc., Not to Be Used

9.1: Definition
9.2: Noting of Lack of Compliance
9.3: Reference to Article 21(6)

Rule 10: Terminology and Signs

10.1: Terminology and Signs
10.2: Consistency

Rule 11: Physical Requirements of the International Application

11.1: Number of Copies
11.2: Fitness for Reproduction
11.3: Material to Be Used
11.4: Separate Sheets, Etc.
11.5: Size of Sheets
11.6: Margins
11.7: Numbering of Sheets
11.8: Numbering of Lines
11.9: Writing of Text Matter
11.10: Drawings, Formulae, and Tables, in Text Matter
11.11: Words in Drawings
11.12: Alterations, Etc.
11.13: Special Requirements for Drawings
11.14: Later Documents

Rule 12: Language of the International Application and Translations for the Purposes of International Search and International Publication

12.1: Languages Accepted for the Filing of International Applications
12.1bis: Language of Elements and Parts Furnished under Rule 20.3, 20.5 or 20.6
12.1ter: Language of Indications Furnished under Rule 13bis.4
12.2: Language of Changes in the International Application
12.3: Translation for the Purposes of International Search
12.4: Translation for the Purposes of International Publication

Rule 12bis: Copy of Results of Earlier Search and of Earlier Application; Translation

12bis.1: Copy of Results of Earlier Search and of Earlier Application; Translation

Rule 13: Unity of Invention

13.1: Requirement
13.2: Circumstances in Which the Requirement of Unity of Invention Is to Be Considered Fulfilled
13.3: Determination of Unity of Invention Not Affected by Manner of Claiming
13.4: Dependent Claims
13.5: Utility Models

Rule 13bis: Inventions Relating to Biological Material

13bis.1: Definition
13bis.2: References (General)
13bis.3: References: Contents; Failure to Include Reference or Indication
13bis.4: References: Time Limit for Furnishing Indications
13bis.5: References and Indications for the Purposes of One or More Designated States; Different Deposits for Different Designated States; Deposits with Depositary Institutions Other than Those Notified
13bis.6: Furnishing of Samples
13bis.7: National Requirements: Notification and Publication

Rule 13ter: Nucleotide and/or Amino Acid Sequence Listings

13ter.1: Procedure before the International Searching Authority
13ter.2: Procedure before the International Preliminary Examining Authority
13ter.3: Sequence Listing for Designated Office

Rule 14: The Transmittal Fee

14.1: The Transmittal Fee

Rule 15: The International Filing Fee

15.1: The International Filing Fee
15.2: Amount
15.3: Time Limit for Payment; Amount Payable
15.4: Refund

Rule 16: The Search Fee

16.1: Right to Ask for a Fee
16.2: Refund
16.3: Partial Refund

Rule 16bis: Extension of Time Limits for Payment of Fees

16bis.1: Invitation by the Receiving Office
16bis.2: Late Payment Fee

Rule 17: The Priority Document

17.1: Obligation to Submit Copy of Earlier National or International Application
17.2: Availability of Copies

Rule 18: The Applicant

18.1: Residence and Nationality
18.2: [Deleted]
18.3: Two or More Applicants
18.4: Information on Requirements under National Law as to Applicants

Rule 19:  The Competent Receiving Office

19.1: Where to File
19.2: Two or More Applicants
19.3: Publication of Fact of Delegation of Duties of Receiving Office
19.4: Transmittal to the International Bureau as Receiving Office

Rule 20: International Filing Date

20.1: Determination under Article 11(1)
20.2: Positive Determination under Article 11(1)
20.3: Defects under Article 11(1)
20.4: Negative Determination under Article 11(1)
20.5: Missing Parts
20.6: Confirmation of Incorporation by Reference of Elements and Parts
20.7: Time Limit
20.8: Incompatibility with National Laws

Rule 21: Preparation of Copies

21.1: Responsibility of the Receiving Office
21.2: Certified Copy for the Applicant

Rule 22: Transmittal of the Record Copy and Translation

22.1: Procedure
22.2: [Deleted]
22.3: Time Limit under Article 12(3)

Rule 23: Transmittal of the Search Copy, Translation and Sequence Listing

23.1: Procedure

Rule 24: Receipt of the Record Copy by the International Bureau

24.1: [Deleted]
24.2: Notification of Receipt of the Record Copy

Rule 25: Receipt of the Search Copy by the International Searching Authority

25.1: Notification of Receipt of the Search Copy

Rule 26: Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application

26.1: Invitation under Article 14(1)(b) to Correct
26.2: Time Limit for Correction
26.2bis: Checking of Requirements under Article 14(1)(a)(i) and (ii)
26.3: Checking of Physical Requirements under Article 14(1)(a)(v)
26.3bis: Invitation under Article 14(1)(b) to Correct Defects under Rule 11
26.3ter: Invitation to Correct Defects under Article 3(4)(i)
26.4: Procedure
26.5: Decision of the Receiving Office

Rule 26bis: Correction or Addition of Priority Claim

26bis.1: Correction or Addition of Priority Claim
26bis.2: Defects in Priority Claims
26bis.3: Restoration of Right of Priority by Receiving Office

Rule 26ter: Correction or Addition of Declarations under Rule 4.17

26ter.1: Correction or Addition of Declarations
26ter.2: Processing of Declarations

Rule 27: Lack of Payment of Fees

27.1: Fees

Rule 28: Defects Noted by the International Bureau

28.1: Note on Certain Defects

Rule 29: International Applications Considered Withdrawn

29.1: Finding by Receiving Office
29.2: [Deleted]
29.3: Calling Certain Facts to the Attention of the Receiving Office
29.4: Notification of Intent to Make Declaration under Article 14(4)

Rule 30 : Time Limit under Article 14(4)

30.1: Time Limit

Rule 31: Copies Required under Article 13

31.1: Request for Copies
31.2: Preparation of Copies

Rule 32: Extension of Effects of International Application to Certain Successor States

32.1: Extension of International Application to Successor State
32.2: Effects of Extension to Successor State

Rule 33: Relevant Prior Art for the International Search

33.1: Relevant Prior Art for the International Search
33.2: Fields to Be Covered by the International Search
33.3: Orientation of the International Search

Rule 34: Minimum Documentation

34.1: Definition

Rule 35: The Competent International Searching Authority

35.1: When Only One International Searching Authority Is Competent
35.2: When Several International Searching Authorities Are Competent
35.3: When the International Bureau Is Receiving Office under Rule 19.1(a)(iii)

Rule 36: Minimum Requirements for International Searching Authorities

36.1: Definition of Minimum Requirements

Rule 37: Missing or Defective Title

37.1: Lack of Title
37.2: Establishment of Title

Rule 38: Missing or Defective Abstract

38.1: Lack of Abstract
38.2: Establishment of Abstract
38.3: Modification of Abstract

Rule 39: Subject Matter under Article 17(2)(a)(i)

39.1: Definition

Rule 40: Lack of Unity of Invention (International Search)

40.1: Invitation to Pay Additional Fees;  Time Limit
40.2: Additional Fees

Rule 41: Taking into Account Results of Earlier Search

41.1: Taking into Account Results of Earlier Search

Rule 42: Time Limit for International Search

42.1: Time Limit for International Search

Rule 43: The International Search Report

43.1: Identifications
43.2: Dates
43.3: Classification
43.4: Language
43.5: Citations
43.6: Fields Searched
43.6bis: Consideration of Rectifications of Obvious Mistakes
43.7: Remarks Concerning Unity of Invention
43.8: Authorized Officer
43.9: Additional Matter
43.10: Form

Rule 43bis: Written Opinion of the International Searching Authority

43bis.1: Written Opinion

Rule 44: Transmittal of the International Search Report, Written Opinion, Etc.

44.1: Copies of Report or Declaration and Written Opinion
44.2: Title or Abstract
44.3: Copies of Cited Documents

Rule 44bis: International Preliminary Report on Patentability by the International Searching Authority

44bis.1: Issuance of Report; Transmittal to the Applicant
44bis.2: Communication to Designated Offices
44bis.3: Translation for Designated Offices
44bis.4
: Observations on the Translation

Rule 44ter: Confidential Nature of Written Opinion, Report, Translation and Observations

44ter.1: Confidential Nature

Rule 45: Translation of the International Search Report

45.1: Languages

Rule 45bis: Supplementary International Searches

45bis.1: Supplementary Search Request
45bis.2: Supplementary Search Handling Fee
45bis.3: Supplementary Search Fee
45bis.4: Checking of Supplementary Search Request; Correction of Defects; Late Payment of Fees; Transmittal to Authority Specified for Supplementary Search
45bis.5: Start, Basis and Scope of Supplementary International Search
45bis.6: Unity of Invention
45bis.7: Supplementary International Search Report
45bis.8: Transmittal and Effect of the Supplementary International Search Report
45bis.9: International Searching Authorities Competent to Carry Out Supplementary International Search

Rule 46: Amendment of Claims before the International Bureau

46.1: Time Limit
46.2: Where to File
46.3: Language of Amendments
46.4: Statement
46.5
: Form of Amendments

Rule 47: Communication to Designated Offices

47.1: Procedure
47.2: Copies
47.3: Languages
47.4: Express Request under Article 23(2) prior to International Publication

Rule 48 : International Publication

48.1: Form and Means
48.2: Contents
48.3: Languages of Publication
48.4: Earlier Publication on the Applicant's Request
48.5: Notification of National Publication
48.6: Announcing of Certain Facts

Rule 49: Copy, Translation and Fee under Article 22

49.1: Notification
49.2: Languages
49.3: Statements under Article 19; Indications under Rule 13bis.4
49.4: Use of National Form
49.5: Contents of and Physical Requirements for the Translation
49.6: Reinstatement of Rights after Failure to Perform the Acts Referred to in Article 22

Rule 49bis: Indications as to Protection Sought for Purposes of National Processing

49bis.1: Choice of Certain Kinds of Protection
49bis.2
: Time of Furnishing Indications

Rule 49ter: Effect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority by Designated Office

49ter.1: Effect of Restoration of Right of Priority by Receiving Office
49ter.2: Restoration of Right of Priority by Designated Office

Rule 50: Faculty under Article 22(3)

50.1: Exercise of Faculty

Rule 51: Review by Designated Offices

51.1: Time Limit for Presenting the Request to Send Copies
51.2: Copy of the Notification
51.3: Time Limit for Paying National Fee and Furnishing Translation

Rule 51bis: Certain National Requirements Allowed under Article 27

51bis.1: Certain National Requirements Allowed
51bis.2: Certain Circumstances in Which Documents or Evidence May Not Be Required
51bis.3: Opportunity to Comply with National Requirements

Rule 52: Amendment of the Claims, the Description, and the Drawings, before Designated Offices

52.1: Time Limit

Part C:       Rules Concerning Chapter II of the Treaty

Rule  53: The Demand

53.1: Form
53.2: Contents
53.3: The Petition
53.4: The Applicant
53.5: Agent or Common Representative
53.6: Identification of the International Application
53.7: Election of States
53.8: Signature
53.9: Statement Concerning Amendments

Rule 54: The Applicant Entitled to Make a Demand

54.1: Residence and Nationality
54.2: Right to Make a Demand
54.3: International Applications Filed with the International Bureau as Receiving Office
54.4: Applicant Not Entitled to Make a Demand

Rule 54bis: Time Limit for Making a Demand

54bis.1: Time Limit for Making a Demand

Rule 55: Languages (International Preliminary Examination)

55.1: Language of Demand
55.2: Translation of International Application
55.3: Language and Translation of Amendments and Letters

Rule 56: [Deleted]

Rule 57: The Handling Fee

57.1: Requirement to Pay
57.2: Amount
57.3: Time Limit for Payment; Amount Payable
57.4: Refund

Rule 58: The Preliminary Examination Fee

58.1: Right to Ask for a Fee
58.2: [Deleted]
58.3: Refund

Rule 58bis: Extension of Time Limits for Payment of Fees

58bis.1: Invitation by the International Preliminary Examining Authority
58bis.2: Late Payment Fee

Rule 59: The Competent International Preliminary Examining Authority

59.1: Demands under Article 31(2)(a)
59.2: Demands under Article 31(2)(b)
59.3: Transmittal of the Demand to the Competent International Preliminary Examining Authority

Rule 60: Certain Defects in the Demand

60.1: Defects in the Demand

Rule 61: Notification of the Demand and Elections

61.1: Notification to the International Bureau and the Applicant
61.2: Notification to the Elected Offices
61.3: Information for the Applicant
61.4: Publication in the Gazette

Rule 62: Copy of the Written Opinion by the International Searching Authority and of Amendments under Article 19 for the International Preliminary Examining Authority

62.1: Copy of Written Opinion by International Searching Authority and of Amendments Made before the Demand Is Filed
62.2: Amendments Made after the Demand Is Filed

Rule 62bis: Translation for the International Preliminary Examining Authority of the Written Opinion of the International Searching Authority

62bis.1: Translation and Observations

Rule 63: Minimum Requirements for International Preliminary Examining Authorities

63.1: Definition of Minimum Requirements

Rule 64: Prior Art for International Preliminary Examination

64.1: Prior Art
64.2: Non-Written Disclosures
64.3: Certain Published Documents

Rule 65: Inventive Step or Non-Obviousness

65.1: Approach to Prior Art
65.2: Relevant Date

Rule 66: Procedure before the International Preliminary Examining Authority

66.1: Basis of the International Preliminary Examination
66.1bis: Written Opinion of the International Searching Authority
66.2: Written Opinion of the International Preliminary Examining Authority
66.3: Formal Response to the International Preliminary Examining Authority
66.4: Additional Opportunity for Submitting Amendments or Arguments
66.4bis: Consideration of Amendments, Arguments and Rectifications of Obvious Mistakes
66.5: Amendment
66.6: Informal Communications with the Applicant
66.7: Copy and Translation of Earlier Application Whose Priority Is Claimed
66.8: Form of Amendments

Rule 67: Subject Matter under Article 34(4)(a)(i)

67.1: Definition

Rule 68: Lack of Unity of Invention (International Preliminary Examination)

68.1: No Invitation to Restrict or Pay
68.2: Invitation to Restrict or Pay
68.3: Additional Fees
68.4: Procedure in the Case of Insufficient Restriction of the Claims
68.5: Main Invention

Rule 69: Start of and Time Limit for International Preliminary Examination

69.1: Start of International Preliminary Examination
69.2: Time Limit for International Preliminary Examination

Rule 70: International Preliminary Report on Patentability by the International Preliminary Examining Authority (International Preliminary Examination Report)

70.1: Definition
70.2: Basis of the Report
70.3: Identifications
70.4: Dates
70.5: Classification
70.6: Statement under Article 35(2)
70.7: Citations under Article 35(2)
70.8: Explanations under Article 35(2)
70.9: Non-Written Disclosures
70.10: Certain Published Documents
70.11: Mention of Amendments
70.12: Mention of Certain Defects and Other Matters
70.13: Remarks Concerning Unity of Invention
70.14: Authorized Officer
70.15: Form;  Title
70.16: Annexes to the Report
70.17: Languages of the Report and the Annexes

Rule 71: Transmittal of the International Preliminary Examination Report

71.1: Recipients
71.2: Copies of Cited Documents

Rule 72: Translation of the International Preliminary Examination Report and of the Written Opinion of the International Searching Authority

72.1: Languages
72.2: Copy of Translation for the Applicant
72.2bis: Translation of the Written Opinion of the International Searching Authority Established under Rule 43bis.1
72.3: Observations on the Translation

Rule 73: Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority

73.1: Preparation of Copies
73.2: Communication to Elected Offices

Rule 74: Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof

74.1: Contents of Translation and Time Limit for Transmittal Thereof

Rule 75: [Deleted]

Rule 76: Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices

76.1: [Deleted]
76.2: [Deleted]
76.3: [Deleted]
76.4: Time Limit for Translation of Priority Document
76.5: Application of Certain Rules to Procedures before Elected Offices

Rule 77: Faculty under Article 39(1)(b)

77.1: Exercise of Faculty

Rule 78: Amendment of the Claims, the Description, and the Drawings, before Elected Offices

78.1: Time Limit
78.2: [Deleted]
78.3: Utility Models

Part D: Rules Concerning Chapter III of the Treaty

Rule 79: Calendar

79.1: Expressing Dates

Rule 80: Computation of Time Limits

80.1: Periods Expressed in Years
80.2: Periods Expressed in Months
80.3: Periods Expressed in Days
80.4: Local Dates
80.5: Expiration on a Non-Working Day or Official Holiday
80.6: Date of Documents
80.7: End of Working Day

Rule 81: Modification of Time Limits Fixed in the Treaty

81.1: Proposal
81.2: Decision by the Assembly
81.3: Voting by Correspondence

Rule 82: Irregularities in the Mail Service

82.1: Delay or Loss in Mail

Rule  82bis: Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits

82bis.1: Meaning of "Time Limit" in Article 48(2)
82bis.2: Reinstatement of Rights and Other Provisions to Which Article 48(2) Applies

Rule 82ter: Rectification of Errors Made by the Receiving Office or by the International Bureau

82ter.1: Errors Concerning the International Filing Date and the Priority Claim

Rule 82quater: Excuse of Delay in Meeting Time Limits

82quater.1: Excuse of Delay in Meeting Time Limits

Rule 83: Right to Practice before International Authorities

83.1: Proof of Right
83.1bis: Where the International Bureau Is the Receiving Office
83.2: Information

Part E:  Rules Concerning Chapter V of the Treaty

Rule 84: Expenses of Delegations

84.1: Expenses Borne by Governments

Rule 85: Absence of Quorum in the Assembly

85.1: Voting by Correspondence

Rule 86: The Gazette

86.1: Contents
86.2: Languages; Form and Means of Publication; Timing
86.3: Frequency
86.4: Sale
86.5: Title
86.6: Further Details

Rule 87: Communication of Publications

87.1: Communication of Publications on Request

Rule 88: Amendment of the Regulations

88.1: Requirement of Unanimity
88.2: [Deleted]
88.3: Requirement of Absence of Opposition by Certain States
88.4: Procedure

Rule 89: Administrative Instructions

89.1: Scope
89.2: Source
89.3: Publication and Entry into Force

Part F:       Rules Concerning Several Chapters of the Treaty

Rule 89bis: Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means

89bis.1: International Applications
89bis.2: Other Documents
89bis.3: Communication between Offices

Rule 89ter: Copies in Electronic Form of Documents Filed on Paper

89ter.1: Copies in Electronic Form of Documents Filed on Paper

Rule 90: Agents and Common Representatives

90.1: Appointment as Agent
90.2: Common Representative
90.3: Effects of Acts by or in Relation to Agents and Common Representatives
90.4: Manner of Appointment of Agent or Common Representative
90.5: General Power of Attorney
90.6: Revocation and Renunciation

Rule 90bis: Withdrawals

90bis.1: Withdrawal of the International Application
90bis.2: Withdrawal of Designations
90bis.3: Withdrawal of Priority Claims
90bis.3bis: Withdrawal of Supplementary Search Request
90bis.4: Withdrawal of the Demand, or of Elections
90bis.5: Signature
90bis.6: Effect of Withdrawal
90bis.7: Faculty under Article 37(4)(b)

Rule 91: Rectification of Obvious Mistakes in the International Application and Other Documents

91.1: Rectification of Obvious Mistakes
91.2: Requests for Rectification
91.3: Authorization and Effect of Rectifications

Rule 92: Correspondence

92.1: Need for Letter and for Signature
92.2: Languages
92.3: Mailings by National Offices and Intergovernmental Organizations
92.4: Use of Telegraph, Teleprinter, Facsimile Machine, Etc.

Rule 92bis: Recording of Changes in Certain Indications in the Request or the Demand

92bis.1: Recording of Changes by the International Bureau

Rule 93: Keeping of Records and Files

93.1: The Receiving Office
93.2: The International Bureau
93.3: The International Searching and Preliminary Examining Authorities
93.4: Reproductions

Rule 93bis: Manner of Communication of Documents

93bis.1: Communication on Request; Communication via Digital Library

Rule 94: Access to Files

94.1: Access to the File Held by the International Bureau
94.2: Access to the File Held by the International Preliminary Examining Authority
94.3: Access to the File Held by the Elected Office

Rule 95: Availability of Translations

95.1: Furnishing of Copies of Translations

Rule 96: The Schedule of Fees

96.1: Schedule of Fees Annexed to Regulations

Schedule of Fees

________________________

*   For details concerning amendments to the Regulations under the Patent Cooperation Treaty, and for access to decisions of the Assembly of the International Patent Cooperation Union (PCT Assembly) concerning their entry into force and transitional arrangements, reference should be made to the relevant reports of the PCT Assembly available from the International Bureau or via the WIPO website at: www.wipo.int/pct/en/meetings/assemblies/reports.htm.
In the present Regulations, the deletion of a provision of the text previously in force is indicated only in those cases where it is necessary in order to avoid gaps in the numbering system.

**  Adopted on June 19, 1970, and amended on April 14, 1978, October 3, 1978, May 1, 1979, June 16, 1980, September 26, 1980, July 3, 1981, September 10, 1982, October 4, 1983, February 3, 1984, September 28, 1984, October 1, 1985, July 12, 1991, October 2, 1991, September 29, 1992, September 29, 1993, October 3, 1995, October 1, 1997, September 15, 1998, September 29, 1999, March 17, 2000, October 3, 2000, October 3, 2001, October 1, 2002, October 1, 2003, October 5, 2004, October 5, 2005, October 3, 2006, November 12, 2007, May 15, 2008, September 29, 2008, October 1, 2009, September 29, 2010, October 5, 2011 and  October 9, 2012.

***  Table of Contents and Editor’s Notes are added for the convenience of the reader; they do not form part of the Regulations.

 

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