PCT International Search and Preliminary Examination Guidelines
PART VIII CLERICAL AND ADMINISTRATIVE PROCEDURES
Chapter 22 Clerical and Administrative Procedures
Invitation to Correct Defects in the Demand
Rules 53, 55, 60.1(a), (a-ter), b
22.37 If the International Preliminary Examining Authority finds one or more defects referred to in Rule 60.1(a), it invites the applicant to correct the defects within one month from the date of the invitation (Form PCT/IPEA/404). The International Preliminary Examining Authority notifies the International Bureau by sending it a copy of the invitation. Where the defect consists of the lack of the signature of at least one applicant (see paragraph 22.28), the International Preliminary Examining Authority may include with the invitation to correct, a copy of the last sheet of the demand which the applicant returns after affixing thereto the prescribed signature. Where the defect consists of the lack of the signature on the demand and the demand is filed with an International Preliminary Examining Authority which has waived the requirement for a separate power of attorney, the International Preliminary Examining Authority may include with the invitation to correct, a copy of the last sheet of the demand which the agent returns after signing.
22.38 Upon receipt of a letter containing a correction or accompanying a replacement sheet of the demand the International Preliminary Examining Authority marks on that letter and any accompanying sheets the date on which they were received. It verifies the identity of the contents of any replacement sheet of the demand with that of the replaced sheet (see paragraphs 22.40 and 22.41 for the consequences of this check. The International Preliminary Examining Authority marks in the upper right-hand corner of the replacement sheet, the international application number and the date on which the replacement sheet was received and, in the middle of the bottom margin, the words “SUBSTITUTE SHEET (RULE 60.1).” It keeps in its files a copy of any letter and any replacement sheet. It transmits any replacement sheet of the demand and a copy of any letter to the International Bureau. The International Preliminary Examining Authority undertakes the actions referred to in this paragraph not only where the corrections submitted by the applicant are timely received and satisfactory, but also where they are not and, consequently, the demand is considered as if it had not been submitted.
22.39 If the International Preliminary Examining Authority receives a replacement sheet of a sheet of the demand embodying a correction of a defect referred to in Rule 60.1(a), which was submitted by the applicant of his own volition without having been invited to correct a defect, the International Preliminary Examining Authority proceeds as outlined in the preceding paragraph.
22.40 The International Preliminary Examining Authority checks whether the defects referred to in Rule 60.1(a) have or have not been timely corrected. If the applicant complies with the invitation within the time limit, the demand is considered as if it had been received on the actual filing date provided that the demand as submitted permitted the international application to be identified. The time limit for correction may be extended. If a correction of a defect is received after the expiration of the time limit for correction but before a decision is taken, the time limit for correction should be extended ex officio so that the said correction is considered as having been timely received.
22.41 If the International Preliminary Examining Authority finds that any of the defects referred to in Rule 60.1(a), have not been corrected or have not been timely corrected (see the preceding paragraph), it declares that the demand is considered as if it had not been submitted and notifies the applicant and the International Bureau (Form PCT/IPEA/407). If the date of receipt of the demand is changed, the International Preliminary Examining Authority notifies the applicant and the International Bureau (Form PCT/IPEA/402).