PCT Receiving Office Guidelines

Chapter XIII: Record Copy, Search Copy and Home Copy

Transmittal to the International Bureau of the Record Copy of the International Application and Other Items

285. Items to Accompany the Record Copy. Items which should accompany the record copy are listed in Section 313(a). Form PCT/RO/118 is used to transmit the record copy and items to accompany it (paragraph 22). A copy of any required power of attorney should always be transmitted. Where an international application has been received by facsimile transmission and a confirmation copy has been received subsequently, both the facsimile copy (which is the record copy) and the confirmation copy are transmitted to the International Bureau (Section 331). Where a translation of the international application is furnished under Rule 12.3 or 12.4, that translation is transmitted together with the record copy (that is, the international application in the original language) (Section 305bis). The transmittal of the record copy must also be effected if the international application is considered withdrawn by the receiving Office or has been withdrawn by the applicant, in which case the notice effecting withdrawal must also be transmitted (paragraphs 314 to 324).

286. Time Limit for Transmittal of the Record Copy. The receiving Office transmits the record copy and the items listed in Section 313(a) to the International Bureau promptly after according an international filing date. Unless any necessary national security clearance has not been obtained (paragraphs 32 to 34), the receiving Office must transmit the record copy in time for it to reach the International Bureau by the expiration of the 13th month from the priority date; if the transmittal is effected by mail, the receiving Office must mail the record copy not later than five days prior to the expiration of the 13th month from the priority date (Rule 22.1(a), last sentence).

287. Failure to Transmit the Record Copy. Where the record copy has not been received by the International Bureau within 14 months from the priority date and the applicant requests the receiving Office to furnish a certified copy of the international application, Rule 22.1(c) to (f) applies.