PCT International Search and Preliminary Examination Guidelines
PART VIII CLERICAL AND ADMINISTRATIVE PROCEDURES
Chapter 22 Clerical and Administrative Procedures
Article 31(3); Rules 53, 55, 60
22.24 The International Preliminary Examining Authority checks the demand for the following defects (Form PCT/IPEA/404):
(i) the demand is not made on the prescribed Form;
Article 31(3); Rules 53.2(b), 53.8, 60.1(a-ter)
(ii) the demand is not signed as provided in the Regulations (see paragraphs 22.28 to 22.32);
Article 31(3); Rules 4.4, 4.5, 4.16, 53.2(a)(ii), 53.4, 60.1(a-bis)
(iii) the demand does not contain the prescribed indications concerning the applicant (see paragraph 22.33);
Article 31(3); Rules 53.2(a)(iii), 53.6
(iv) the demand does not contain the prescribed indications concerning the international application (see paragraph 22.06);
Rules 4.4, 4.7, 4.16, 53.2(a)(ii), 53.5
(v) the demand does not contain the prescribed indications concerning the agent (see paragraph 22.35);
(vi) the demand does not contain a petition to the effect that the applicant requests that the international application be the subject of international preliminary examination under the PCT; Rule 53.3 indicates preferred words, but these are not essential. The petition is part of the printed demand Form (Form PCT/IPEA/401) and must also be contained in a demand presented as a computer printout;
(vii) the demand is not in the language of publication of the international application or in the language accepted by the International Preliminary Examining Authority.
22.25 For corrections of certain defects in the demand, ex officio or upon invitation, see paragraphs 22.26 and 22.26A (ex officio corrections), 22.35 (indications concerning the agent) and 22.37 (invitation to correct defects).
22.26 Many kinds of errors in the demand can be corrected by the International Preliminary Examining Authority ex officio, which means that the applicant need not and is not formally invited to make the correction himself. Where a correction is made ex officio, the International Preliminary Examining Authority makes the correction and enters in the margin the letters “IPEA.” Where any matter is to be deleted, the International Preliminary Examining Authority encloses such matter within square brackets and draws a line between the square brackets, while still leaving the deleted matter legible. The International Preliminary Examining Authority informs the applicant of the correction made by sending him either a copy of the corrected sheet of the demand or by a separate notification (there is no special Form, but Form PCT/IPEA/424, which is for use where no other Form is applicable, could be used). Errors which may be corrected ex officio include, in particular, indications concerning the applicant and the agent designated in the demand. If the error is corrected by the International Preliminary Examining Authority after the original demand has been transmitted to the International Bureau, the International Preliminary Examining Authority notifies the International Bureau by sending it a copy of the corrected sheet of the demand.
22.26A Errors may also be made in marking the check boxes in Box No. IV of the demand concerning the postponement of the start of the international preliminary examination. If the check box in item 3 of Box No. IV is marked but Rule 69.1(b) is not applicable, or if the check box in item 4 of Box No. IV is marked but Rule 69.1(b) is applicable, the International Preliminary Examining Authority deletes the corresponding marking ex officio. Before making such a correction, the International Preliminary Examining Authority may contact the applicant and ask for confirmation.