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Administrative Instructions under the Patent Cooperation Treaty

Section 218
Processing of a Request for Omission of Information Referred to in Rules 48.2(l) and 94.1(e)

(a)  Where the International Bureau decides to omit information from international publication under Rule 48.2(l) or not to provide access to information contained in its file under Rule 94.1(e), it shall:

(i)  indelibly mark, in the upper right-hand corner of each replacement sheet, the international application number and the date on which that sheet was received;

(ii)  indelibly mark, in the middle of the bottom margin of each replacement sheet, the words “SUBSTITUTE SHEET (RULE 48.2(l))” (where the replacement sheet contains an omission under Rule 48.2(l)) or “SUBSTITUTE SHEET (RULE 94.1(e))” (where the replacement sheet contains an omission under Rule 94.1(e)) or their equivalent in the language of publication of the international application;

(iii)  indelibly mark on the letter containing the omission or accompanying any replacement sheet the date on which that letter was received;

(iv)  keep in its files the letter containing the proposed omission or, where the proposed omission is contained in a replacement sheet, the replaced sheet, the letter accompanying the replacement sheet, and the replacement sheet;

(v)  promptly transmit a copy of any replacement sheet to the receiving Office, the International Searching Authority, the Authority specified for supplementary search or the International Preliminary Examining Authority (where the replaced sheet is also contained in the file of the international application held by that Office or Authority).

(b)  Where the International Bureau decides not to omit information from international publication under Rule 48.2(l) or to provide access to information contained in its file under Rule 94.1(e), it shall proceed as indicated under paragraph (a)(i), (iii) and (iv).

(c)  Section 311, paragraphs (a) to (c) shall apply mutatis mutandis to any deletion, substitution or addition of a sheet of the international application received by the International Bureau.