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PCT International Search and Preliminary Examination Guidelines


Chapter 22 Clerical and Administrative Procedures

Irregularities in the Mail Service

Section 602(a)

22.55  In response to an opinion, an applicant may file amendments with a cover letter. On receipt of these amendments, the International Preliminary Examining Authority indicates on the top right hand corner of the substitute sheets the application number and the date of receipt. The International Preliminary Examining Authority marks the words “AMENDED SHEET” or their equivalent in the middle of the bottom margin of each sheet.

Rules 92.1(a), 92.2(a)

22.56  It should also be noticed that any paper submitted by the applicant in the course of international preliminary examination other than the international application itself, if not in the form of a letter, must be accompanied by a letter signed by the applicant. The letter should identify the international application to which it relates and be in the same language as the said application or in one of the languages authorized to be used by the International Preliminary Examining Authority. If these requirements are not complied with, the applicant should be informed as to the non-compliance and invited to remedy the omission within a time limit fixed in the invitation. The time limit should be reasonable in the circumstances, but no less than 10 days and no more than one month from the mailing of the invitation. If the omission is remedied within the time limit fixed in the invitation, the omission should be disregarded, otherwise the paper should be disregarded.

Rules 55, 60.1(a) to (e)

22.57  If it is determined that an erroneous translation has been published or furnished under Rule 55.2 or that an amendment is not in a language accepted by the International Preliminary Examining Authority, the applicant may be invited, at any time during the proceedings before the International Preliminary Examining Authority, to provide a translation of the amendment or to correct any translation of the international application so as to bring it in line with the language of the text as filed and/or as published, as the case may be. If the applicant fails to supply a translation of the amendment within the time limit set in the invitation, the amendment is not taken into account for the purposes of the international preliminary examination.