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PCT International Search and Preliminary Examination Guidelines


Chapter 3 Overview of the International Preliminary Examination Stage

Further Processing of the International Preliminary Examination Report

Confidential Treatment

Article 38; Rule 94.2

3.26  Until the international preliminary examination report has been established the file of the international preliminary examination remains confidential.  Neither the International Bureau nor the International Preliminary Examining Authority may therefore allow access to the file of the international preliminary examination unless requested or authorized by the applicant.  The International Preliminary Examining Authority should provide documents to any elected Office which so requests once the international preliminary examination report has been established.  Subject to the reimbursement of cost, authorized copies of the documents concerned may be provided to a third party at the request of the applicant or any person authorized by the applicant.

Making Available of the International Preliminary Examination Report and Related Documents

Rule 94.1(c)

3.27  Once the report has been transmitted to the elected Offices by the International Bureau, 30 months from the priority date, the International Bureau will make the report and the other documents received under Rule 71.1(b) available to the public on behalf of those elected Offices who have notified their wish for the International Bureau to supply this service, together with any translation and observations made by the applicant on the translation.

Transmission of the International Preliminary Examination Report to Elected Offices

Rules 73.2, 93bis.1

3.28  The International Bureau transmits the international preliminary examination report and the other documents received under Rule 71.1(b) to the elected Offices after 30 months from the priority date, or earlier if the applicant makes a request for early national processing of the international application under Article 40(2). The transmittal by the International Bureau to any elected Office is effected only upon request by the Office concerned and at the time specified by that Office.

Translation of International Preliminary Examination Report

Rule 72

3.29  Where the international preliminary examination report is established in a language other than English, the International Bureau translates the report into English and transmits the translation to elected Offices who have requested such translations and also to the applicant.  The applicant is entitled to make written observations on the correctness of the translation and sends copies of these observations to the International Bureau and to each of the interested elected Offices.