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PCT International Search and Preliminary Examination Guidelines


Chapter 22 Clerical and Administrative Procedures

Checking Whether Demand Is Timely Filed Receipt

Rule 54bis

22.14  The International Preliminary Examining Authority checks to see that the demand is filed within three months from the date of transmittal of the international search report or the declaration referred to in Article 17(2)(a), and the written opinion established under Rule 43bis.1, or 22 months from the priority date, whichever expires later. If the demand is filed later, the International Preliminary Examining Authority considers the demand as having not been submitted and issues a declaration to that effect by sending a copy of Form PCT/IPEA/407 to the applicant and the International Bureau. If the demand is timely filed, the International Preliminary Examining Authority notifies the applicant accordingly (Form PCT/IPEA/402).

Article 39(1)(a); Section 601

22.15  In the event that the national law of any designated State continues to be incompatible with the modification of the time limit for national phase entry under Article 22(1), adopted by the PCT Assembly with effect from April 1, 2002, and such State is designated, the International Preliminary Examining Authority promptly checks whether the demand is received within 19 months from the priority date. When the demand is received after 19 months from the priority date, the International Preliminary Examining Authority marks the appropriate check box on the last page of the demand and notifies the applicant and the International Bureau accordingly (Form PCT/IPEA/402) as quickly as possible so that the applicant can timely enter the national phase in any designated State where the notification in respect of the modification to Article 22(1) is still in force. Irrespective of whether the demand was received within 19 months from the priority date, the International Preliminary Examining Authority promptly notifies the applicant of the date of actual receipt.