About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

PCT International Search and Preliminary Examination Guidelines


Chapter 22 Clerical and Administrative Procedures

Certain Defects in the Demand

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): 

Rule 53.1(a)

(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);

Rules 53.2(a)(i), 53.3

(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;

Rule 55.1

(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).

Rules 90.4, 90.5; Section 608

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.