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PCT International Search and Preliminary Examination Guidelines


Chapter 22 Clerical and Administrative Procedures

Indications Concerning the Applicant

Rules 4.4, 4.5, 4.16, 53.2(a)(ii)53.460.1(a-bis)Sections 115, 614

22.33  The demand must contain the prescribed indications concerning the applicant. The address must contain an indication of the country; the indication of the country by a letter code as part of the postal code is sufficient (for example, CH-1211 Geneva). Nationality and residence must be indicated by the name or the two-letter country codes of the State of nationality and State of residence; in case of a dependent territory (which is not a State), the name of the State on which the territory depends must be given as the indication of the residence. For the manner of indicating names of States, see Section 115 of the Administrative Instructions. If there are two or more applicants, it is sufficient that the address, nationality and residence are provided in respect of one of them who has the right to make a demand.

Section 614

22.34  For the decision whether the applicant has the right to make a demand it is decisive that the applicant had the right at the time the demand was filed. Where the demand does not contain the corresponding indications, or where the applicant made mistakes by giving indications which are not the indications required to support the right to file the demand, the omission or wrong indication may be corrected by the applicant if the International Preliminary Examining Authority is satisfied that the applicant had the right to file a demand at the time the demand was received. In such a case, the demand is considered as having met the requirements under Article 31(2)(a) as of the date when the demand with the mistakes in the indications was filed.