PCT Receiving Office Guidelines

Chapter XVIII: Items to be Transmitted to Another Authority

Items to Be Transmitted to the International Bureau

325. Where the receiving Office receives from the applicant items which should have been filed with the International Bureau, it marks the date of receipt on the items concerned and transmits them promptly to the International Bureau. The receiving Office may inform the applicant about the transmittal. This applies, in particular, to the following items:

(i) references to deposited microorganisms or other biological material filed later than the international application (Rule 13bis.3 and paragraphs 228 to 234);

(ii) a request to publish indications relating to a priority claim considered void (Rule 26bis.2(d) and paragraphs 171, 172 and 175);

(iii) a request to publish a request for rectification of an obvious mistake where the rectification was refused under Rule 91.3(d) together with substitute sheets that might have been proposed by the applicant (paragraph 306);

(iv) the correction or addition of declarations relating to national requirements under Rule 4.17 (Rule 26ter and paragraph 192F);

(v) amendments to the claims filed under Article 19 (Rule 46.1);

(vi) a notice of correction or addition of a declaration under Rule 26ter.1 (Section 317);

(vii) a notice of correction or addition of an indication referred to in Rule 4.11 (Rule 26quater.1); and

(viii) a supplementary search request under Rule 45bis.1.

326. The above listed items, as well as other items filed later than the international application, such as corrections of formal defects, rectifications of obvious mistakes under Rule 91 or requests for recording of changes under Rule 92bis, must reach the International Bureau before technical preparations for international publication are completed so that the publication will reflect all the changes made, see paragraph 312. For the contents of the publication of the international application, see Rule 48.2. For completion of technical preparations for international publication, see paragraph 337.

327. For priority documents, see paragraphs 179 to 191. For the transmittal of later filed powers of attorney, see Section 328 and paragraphs 309 to 312.