PCT Receiving Office Guidelines

Chapter VIIbis: Declarations Relating to National Requirements

Correction or Addition of Declarations

192E. The applicant may only correct a declaration, or add a declaration to the request, by submitting a notice to the International Bureau within a time limit of 16 months from the priority date, provided that any notice which is received by the International Bureau after the expiration of that time limit shall be considered to have been received on the last day of that time limit if it reaches it before the technical preparations for international publication have been completed (Rule 26ter.1). This applies whether the correction or addition is on the applicant’s own initiative or in response to an invitation to correct issued by the receiving Office or the International Bureau under Rule 26ter.2(a).

192F. Where a notice under Rule 26ter.1 is submitted to the receiving Office, the receiving Office indelibly marks the date of receipt on it and transmits it promptly to the International Bureau (Section 317). The receiving Office does not check whether the notice was submitted within the time limit under Rule 26ter.1 or whether it complies with the requirements of Sections 211 to 216.