PCT Receiving Office Guidelines

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

Correction under Article 11(2)

48. If the receiving Office finds that the applicant has timely responded and the corrections submitted satisfy the requirements, it marks the date on which the corrections were received as the “Date of timely receipt of the required corrections under PCT Article 11(2):” (item 4 in the Box titled “For receiving Office use only”) on the last sheet of the request and marks that date on the first sheet of the request as the international filing date (Rule 20.3(b)(i)). Where the priority of an earlier application is claimed and, as a result of a positive determination, the international filing date is after the expiration of one year from the (earliest) priority date, the receiving Office proceeds as outlined in paragraphs 167 to 172. For the procedure applicable in the case of later submitted sheets, see paragraphs 200 to 207.

48A. Where, on the basis of the indications given in the request concerning nationality and residence of the applicant(s), no applicant has the right to file an international application and the receiving Office has issued an invitation to correct a defect under Article 11(1)(i) and evidence is submitted indicating to the satisfaction of the receiving Office that, in fact, the applicant had, on the date on which the international application was actually received, the right to file an international application with that receiving Office, the following applies: the invitation is considered to be an invitation to correct a defect under Article 14(1)(a)(ii) and Rule 4.5 in the prescribed indications concerning the applicant’s residence and/or nationality, and the applicant may correct those indications accordingly (Section 329). If such correction is made, no defect is considered to exist under Article 11(1)(i).2  If the receiving Office is not competent to receive the international application because of the nationality and/or residence of the applicant(s), the receiving Office transmits the application to the International Bureau as receiving Office under Rule 19.4(a)(i) as outlined in paragraphs 274 to 277.