PCT Receiving Office Guidelines

Chapter IV: Article 11(1) Check: Requirements for International Filing Date

Positive Determination (Requirements of Article 11(1) Fulfilled)

43. According of International Filing Date. If all the requirements of Article 11(1) are fulfilled, the receiving Office makes a positive determination under that Article and accords an international filing date (Rule 20.2(a)) unless the international application must be transmitted to the International Bureau as receiving Office under Rule 19.4 (see paragraphs 274 to 277). It marks that international filing date, which corresponds to the date of actual receipt of the international application, the name of the receiving Office and the words “PCT International Application” or “Demande internationale PCT” on the first sheet of the request; if the official language of the receiving Office is neither English nor French, the words “International Application” or “Demande internationale” may be accompanied by a translation of those words into (one of) the official language(s) of the receiving Office (Section 308(c)).

44. Notification of Applicant. The receiving Office notifies (Form PCT/RO/105) the applicant of the international application number and the international filing date promptly after they have been accorded; it sends to the International Bureau a copy of the notification sent to the applicant, except where the record copy is being sent at the same time (Rule 20.2(c)) (paragraphs 285 to 287). If the priority of an earlier application (or of several earlier applications) is claimed, the (earliest) priority date claimed must be indicated on the copy of the notification which is sent to the International Bureau (Section 324). Even where the national security clearance referred to in paragraphs 32 to 34 has not been given by that time (Form PCT/RO/105 contains a check-box for this purpose), the copy of Form PCT/RO/105 must be sent to the International Bureau which is then, and only then, in a position to monitor the receipt of the record copy and proceed as provided under Rule 22.1(b) and (c)