PCT Notification No. 207
Patent Cooperation Treaty (PCT)
Certified Copy
Amendments to the Regulations under the Patent Cooperation Treaty (PCT)
Adopted on October 14, 2015, by the Assembly of the International Patent Cooperation Union (PCT Union) at its Forty-Seventh (20th Ordinary) Session held from October 5 to 14, 2015, with effect from July 1, 2016
Table of Amendments [1]
Rule 9.2
Rule 26bis.3
Rule 48.2
Rule 82quater.1
Rule 92.2
Rule 94.1
Rule 94.1bis
Rule 94.1ter
Rule 94.2
Rule 94.2bis
Rule 94.3
AMENDMENTS [2]
Rule 9
Expressions, Etc., Not to Be Used
9.1 [No change]
9.2 Noting of Lack of Compliance
The receiving Office, the International Searching Authority, the Authority specified for supplementary search and the International Bureau may note lack of compliance with the prescriptions of Rule 9.1 and may suggest to the applicant that he voluntarily correct his international application accordingly, in which case the receiving Office, the competent International Searching Authority, the competent Authority specified for supplementary search and the International Bureau, as applicable, shall be informed of the suggestion.
9.3 [No change]
Rule 26bis
Correction or Addition of Priority Claim
26bis.1 and 26bis.2 [No change]
26bis.3 Restoration of Right of Priority by Receiving Office
(a) to (e) [No change]
(f) The receiving Office may require that a declaration or other evidence in support of the statement of reasons referred to in paragraph (b)(ii) be filed with it within a time limit which shall be reasonable under the circumstances.
(g) [No change]
(h) The receiving Office shall promptly:
(i) [no change]
(ii) [no change]
(iii) notify the applicant and the International Bureau of its decision and the criterion for restoration upon which the decision was based;
(iv) subject to paragraph (h-bis), transmit to the International Bureau all documents received from the applicant relating to the request under paragraph (a) (including a copy of the request itself, any statement of reasons referred to in paragraph (b)(ii) and any declaration or other evidence referred to in paragraph (f)).
(h-bis) The receiving Office shall, upon a reasoned request by the applicant or on its own decision, not transmit documents or parts thereof received in relation to the request under paragraph (a), if it finds that:
(i) this document or part thereof does not obviously serve the purpose of informing the public about the international application;
(ii) publication or public access to any such document or part thereof would clearly prejudice the personal or economic interests of any person; and
(iii) there is no prevailing public interest to have access to that document or part thereof.
Where the receiving Office decides not to transmit documents or parts thereof to the International Bureau, it shall notify the International Bureau accordingly.
(i) and (j) [No change].
Rule 48
International Publication
48.1 [No change]
(a) [No change]
(b) Subject to paragraph (c), the front page shall include:
(i) to (vi) [No change]
(vii) where applicable, an indication that the published international application contains information concerning a request under Rule 26bis.3 for restoration of the right of priority and the decision of the receiving Office upon such request;
(viii) [deleted]
(c) to (k) [No change]
(l) The International Bureau shall, upon a reasoned request by the applicant received by the International Bureau prior to the completion of the technical preparations for international publication, omit from publication any information, if it finds that:
(i) this information does not obviously serve the purpose of informing the public about the international application;
(ii) publication of such information would clearly prejudice the personal or economic interests of any person; and
(iii) there is no prevailing public interest to have access to that information.
Rule 26.4 shall apply mutatis mutandis as to the manner in which the applicant shall present the information which is the subject of a request made under this paragraph.
(m) Where the receiving Office, the International Searching Authority, the Authority specified for supplementary search or the International Bureau notes any information meeting the criteria set out under paragraph (l), that Office, Authority or Bureau may suggest to the applicant to request the omission from international publication in accordance with paragraph (l).
(n) Where the International Bureau has omitted information from international publication in accordance with paragraph (l) and that information is also contained in the file of the international application held by the receiving Office, the International Searching Authority, the Authority specified for supplementary search or the International Preliminary Examining Authority, the International Bureau shall promptly notify that Office and Authority accordingly.
48.3 to 48.6 [No change]
Rule 82quater
Excuse of Delay in Meeting Time Limits
82quater.1 Excuse of Delay in Meeting Time Limits
(a) Any interested party may offer evidence that a time limit fixed in the Regulations for performing an action before the receiving Office, the International Searching Authority, the Authority specified for supplementary search, the International Preliminary Examining Authority or the International Bureau was not met due to war, revolution, civil disorder, strike, natural calamity, a general unavailability of electronic communications services or other like reason in the locality where the interested party resides, has his place of business or is staying, and that the relevant action was taken as soon as reasonably possible.
(b) [No change]
(c) [No change]
Rule 92
Correspondence
92.1 [No change]
(a) to (c) [No change]
(d) Any letter from the applicant to the International Bureau shall be in English, French or any other language of publication as may be permitted by the Administrative Instructions.
(e) [No change]
92.3 and 92.4 [No change]
Rule 94
Access to Files
94.1 Access to the File Held by the International Bureau
(a) [No change]
(b) The International Bureau shall, at the request of any person but not before the international publication of the international application and subject to Article 38 and paragraphs (d) to (g), furnish copies of any document contained in its file. The furnishing of copies may be subject to reimbursement of the cost of the service.
(c) [No change]
(d) The International Bureau shall not provide access to any information contained in its file which has been omitted from publication under Rule 48.2(l) and to any document contained in its file relating to a request under that Rule.
(e) Upon a reasoned request by the applicant, the International Bureau shall not provide access to any information contained in its file and to any document contained in its file relating to such a request, if it finds that:
(i) this information does not obviously serve the purpose of informing the public about the international application;
(ii) public access to such information would clearly prejudice the personal or economic interests of any person; and
(iii) there is no prevailing public interest to have access to that information.
Rule 26.4 shall apply mutatis mutandis as to the manner in which the applicant shall present the information which is the subject of a request made under this paragraph.
(f) Where the International Bureau has omitted information from public access in accordance with paragraphs (d) or (e), and that information is also contained in the file of the international application held by the receiving Office, the International Searching Authority, the Authority specified for supplementary search or the International Preliminary Examining Authority, the International Bureau shall promptly notify that Office and Authority accordingly.
(g) The International Bureau shall not provide access to any document contained in its file which was prepared solely for internal use by the International Bureau.
94.1bis Access to the File Held by the Receiving Office
(a) At the request of the applicant or any person authorized by the applicant, the receiving Office may provide access to any document contained in its file. The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
(b) The receiving Office may, at the request of any person, but not before the international publication of the international application and subject to paragraph (c), provide access to any document contained in its file. The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
(c) The receiving Office shall not provide access under paragraph (b) to any information in respect of which it has been notified by the International Bureau that the information has been omitted from publication in accordance with Rule 48.2(l) or from public access in accordance with Rule 94.1(d) or (e).
94.1ter Access to the File Held by the International Searching Authority
(a) At the request of the applicant or any person authorized by the applicant, the International Searching Authority may provide access to any document contained in its file. The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
(b) The International Searching Authority may, at the request of any person, but not before the international publication of the international application and subject to paragraph (c), provide access to any document contained in its file. The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
(c) The International Searching Authority shall not provide access under paragraph (b) to any information in respect of which it has been notified by the International Bureau that the information has been omitted from publication in accordance with Rule 48.2(l) or from public access in accordance with Rule 94.1(d) or (e).
(d) Paragraphs (a) to (c) shall apply mutatis mutandis to the Authority specified for supplementary search.
94.2 Access to the File Held by the International Preliminary Examining Authority
(a) At the request of the applicant or any person authorized by the applicant, the International Preliminary Examining Authority shall provide access to any document contained in its file. The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
(b) At the request of any elected Office, but not before the establishment of the international preliminary examination report and subject to paragraph (c), the International Preliminary Examining Authority shall provide access to any document contained in its file. The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
(c) The International Preliminary Examining Authority shall not provide access under paragraph (b) to any information in respect of which it has been notified by the International Bureau that the information has been omitted from publication in accordance with Rule 48.2(l) or from public access in accordance with Rule 94.1(d) or (e).
94.2bis Access to the File Held by the Designated Office
If the national law applicable by any designated Office allows access by third parties to the file of a national application, that Office may allow access to any documents relating to the international application, contained in its file, to the same extent as provided by the national law for access to the file of a national application, but not before the earliest of the dates specified in Article 30(2)(a). The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
94.3 Access to the File Held by the Elected Office
If the national law applicable by any elected Office allows access by third parties to the file of a national application, that Office may allow access to any documents relating to the international application, including any document relating to the international preliminary examination, contained in its file, to the same extent as provided by the national law for access to the file of a national application, but not before the earliest of the dates specified in Article 30(2)(a). The furnishing of copies of documents may be subject to reimbursement of the cost of the service.
I hereby certify that the foregoing is a true copy of the original text in English of the amendments to the Regulations under the Patent Cooperation Treaty (PCT) adopted on October 14, 2015, by the Assembly of the International Patent Cooperation Union (PCT Union) at its forty-seventh (20th ordinary) session held from October 5 to 14, 2015, with effect from July 1, 2016.
Francis Gurry
Director General
World Intellectual Property Organization
February 15, 2016
1. The amendments of Rules 9, 26bis, 48, 82quater, 92 and 94 shall enter into force on July 1, 2016, and shall apply to any international application whose international filing date is on or after July 1, 2016.
The amendments of Rule 82quater shall also apply to international applications whose international filing date is before July 1, 2016, where the event referred to in Rule 82quater.1(a), as amended, occurs on or after July 1, 2016.
The amendments of Rule 92.2(d) shall also apply to correspondence received by the International Bureau on or after July 1, 2016, in respect of international applications whose international filing date is before July 1, 2016, to the extent provided at the time of promulgation of any Administrative Instructions made under that Rule.
2. The following reproduces, for each Rule that was amended, the amended text. Where a part of any such Rule has not been amended, the indication "[No change]" appears.