PCT Receiving Office Guidelines

Chapter VI: Article 14 Check and Other Formal Requirements

Reference to Parent Application or Grant

116. If, for purposes of national processing, the applicant intends to make an indication under Rule 49bis.1(a) or (b) of the wish that the international application be treated, in any designated State, as an application for a patent of addition, certificate of addition, inventor’s certificate of addition or utility certificate of addition (Rule 4.11(a)(i)), or the applicant intends to make an indication under Rule 49bis.1(d) of the wish that the international application be treated, as an application for a continuation or a continuation-in-part of an earlier application (Rule 4.11(a)(ii)), the request shall so indicate under item 2 or 3 in the supplemental box and shall indicate the relevant parent application or parent patent or other parent grant. Where an indication made under Rule 4.11 does not appear to be correct or complete, the receiving Office may draw the applicant’s attention to this fact and inform him of the possibility of making a correction under Rule 26quater.1 before the International Bureau (Form PCT/RO/132).  The inclusion in the request of such an indication shall have no effect on the all-inclusive designation for every kind of protection available under Rule 4.9(a).