Administrative Instructions under the Patent Cooperation Treaty

Section 709
Means of Communication with the Receiving Office

(a)  Where an international application is filed in electronic form and by electronic means of transmittal, the receiving Office shall, if practicable,28 send any notifications, invitations and other correspondence to the applicant by electronic means of transmittal in accordance with Annex F, or by such other means indicated by the applicant from among those offered by the Office.

(b)  Where it appears to the receiving Office that a notification, invitation or other correspondence sent to the applicant by electronic means of transmittal was not successfully transmitted, the Office shall, if practicable,28 promptly retransmit the notification, invitation or other correspondence by the same or another means.

(c)  At times when the electronic systems of the receiving Office are not available for the filing of documents in electronic form or by electronic means of transmittal, the Office shall, if possible, promptly publish information to that effect by means reasonably available to it under the circumstances, for example, by including a notice on the Office’s Internet site, if any. 

28.  Editor’s Note: The receiving Office will, of course, be obliged to act reasonably in deciding what is “practicable” in the circumstances. While a filing date should be accorded wherever it is practicable to do so, it needs to be remembered that receiving Offices are not obliged to receive international applications which do not comply with Annex F (see Section 703(e)). Receiving Offices should not have to go to extreme lengths to find applicants who have not given adequate indications to enable them to be contacted.