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PCT International Search and Preliminary Examination Guidelines

PART VIII  CLERICAL AND ADMINISTRATIVE PROCEDURES

Chapter 22 Clerical and Administrative Procedures

Transmittal of the Demand to the International Bureau

Rules 61.1, 90bis.4(a)

22.20  The International Preliminary Examining Authority either transmits the original demand and keeps a copy in its files or sends a copy to the International Bureau and keeps the demand in its files. The demand or the copy thereof must be transmitted to the International Bureau, even where it has been withdrawn by the applicant, where it has been considered to have been withdrawn, and where the applicant did not respond to the invitation (Form PCT/IPEA/442) to indicate the competent Authority to which the demand was to be transmitted. Where a demand has been transmitted to the competent International Preliminary Examining Authority under Rule 59.3, it is the Authority which is competent to receive the demand which proceeds under this paragraph (see paragraphs 22.02 to 22.05).

22.21 The transmittal must be effected promptly after receipt of the demand, generally not later than one month after receipt.

Rules 90.4, 90.5; Section 608

22.22  The International Preliminary Examining Authority normally sends to the International Bureau, together with the original demand, or copy thereof, any original separate power of attorney or any copy of a general power of attorney received. However, if the International Preliminary Examining Authority has waived the requirement for a power of attorney under Rule 90.4(d), but a separate power of attorney or copy of the general power of attorney is nevertheless submitted, it is not necessary to send a copy of that power of attorney to the International Bureau.

Article 34

22.23  The International Preliminary Examining Authority does not transmit with the demand to the International Bureau any amendments to the application under Article 34 or copies of amendments under Article 19.