PCT Receiving Office Guidelines

Chapter II: General

Means of Communication; Date of Receipt

15. A document making up the international application, and any later document or correspondence relating thereto, may, if the receiving Office so permits, be transmitted, to the extent feasible, by facsimile machine or other like means of communication resulting in the filing of a printed or written document (Rule 92.4). Note that the receiving Office may, on a case-by-case basis, accept any document transmitted by any of those means even if it has notified the International Bureau that it is not prepared to do so in general.

16. Upon receipt of sheets transmitted by any of the means referred to above, the receiving Office checks whether the document received is legible and appears to be complete. Where part or all of the received document is illegible or part of the document is not received, the document is treated as not having been received to the extent that the received document is illegible or that the attempted transmission failed (Rule 92.4(c)). Where part or all of the received document is illegible or part of the document appears not to have been received, the receiving Office promptly notifies (Form PCT/RO/140) the applicant accordingly.

17. The receiving Office applies its usual national practice to determine the date of receipt of any document (other than a document making up the international application) transmitted by any of the means referred to above if a part of a document was received before, and another part after, midnight, and the transmission therefore spans two calendar days. With regard to a document making up the international application, see Rule 20.2(a) and paragraphs 193 to 207.

18. Where the receiving Office requires, under Rule 92.4(d), or considers it necessary, under Rule 92.4(f), that the original of any document transmitted by any of the means referred to above be furnished, it proceeds as provided for in Rule 92.4(d) to (g). For further details, see paragraphs 37 and 38.

18A. If the receiving Office requires electronic resubmission of the international application originally furnished on paper (Rule 89bis.1(d-ter)), it promptly invites the applicant to make the resubmission (Form PCT/RO/141). If the applicant fails to timely respond to the invitation, the receiving Office declares the international application withdrawn (Form PCT/RO/117). Alternatively, the receiving Office may decide in a particular case to convert the international application filed on paper into electronic form in accordance with Section 705bis.

18B. If the receiving Office requires electronic resubmission of any documents submitted on paper (Rule 89bis.1(d-ter), the receiving Office promptly invites the applicant to do so (Form PCT/RO/141). If the applicant fails to timely respond to the invitation, the receiving Office disregards the document submitted on paper (Rule 89bis.2) and notifies the applicant accordingly (Form PCT/RO/149). Alternatively, the receiving Office may decide in a particular case to convert the document submitted on paper into electronic form.

18C. If the receiving Office only accepts submissions in electronic form or by electronic means under Rule 89bis.1(d-bis), it treats any documents submitted to it on paper as not having been received, and the Office promptly notifies (Form PCT/RO/142) the applicant accordingly. Nevertheless, the receiving Office may decide in a particular case to accept any documents submitted on paper (Section 703(e-bis)).