Regulations⁽ⁱ⁾ Under the Patent Cooperation Treaty

(as in force from April 1, 2002)

TABLE OF CONTENTS⁽ⁱⁱ⁾: [Long] [Short]

Long Table of contents:

Part A:       Introductory Rules

Rule 1: Abbreviated Expressions

1.1: Meaning of Abbreviated Expressions

Rule 2: Interpretation of Certain Words

2.1: "Applicant"
2.2: "Agent"
2.2bis: "Common Representative"
2.3: "Signature"

Part B:       Rules Concerning Chapter I of the Treaty

Rule 3: The Request (Form)

3.1: Form of Request
3.2: Availability of Forms
3.3: Check List
3.4: Particulars

Rule 4: The Request (Contents)

4.1: Mandatory and Optional Contents; Signature
4.2: The Petition
4.3: Title of the Invention
4.4: Names and Addresses
4.5: The Applicant
4.6: The Inventor
4.7: The Agent
4.8: Common Representative
4.9: Designation of States
4.10: Priority Claim
4.11: Reference to Earlier Search
4.12: Choice of Certain Kinds of Protection
4.13: Identification of Parent Application or Parent Grant
4.14: Continuation or Continuation-in-Part
4.14bis: Choice of International Searching Authority
4.15: Signature
4.16: Transliteration or Translation of Certain Words
4.17: Declarations Relating to National Requirements Referred to in Rule 51bis.1(a)(i) to (v)
4.18: Additional Matter

Rule 5: The Description

5.1: Manner of the Description
5.2: Nucleotide and/or Amino Acid Sequence Disclosure

Rule 6: The Claims

6.1: Number and Numbering of Claims
6.2: References to Other Parts of the International Application
6.3: Manner of Claiming
6.4: Dependent Claims
6.5: Utility Models

Rule 7: The Drawings

7.1: Flow Sheets and Diagrams
7.2: Time Limit

Rule 8: The Abstract

8.1: Contents and Form of the Abstract
8.2: Figure
8.3: Guiding Principles in Drafting

Rule 9: Expressions, Etc., Not to Be Used

9.1: Definition
9.2: Noting of Lack of Compliance
9.3: Reference to Article 21(6)

Rule 10: Terminology and Signs

10.1: Terminology and Signs
10.2: Consistency

Rule 11: Physical Requirements of the International Application

11.1: Number of Copies
11.2: Fitness for Reproduction
11.3: Material to Be Used
11.4: Separate Sheets, Etc.
11.5: Size of Sheets
11.6: Margins
11.7: Numbering of Sheets
11.8: Numbering of Lines
11.9: Writing of Text Matter
11.10: Drawings, Formulae, and Tables, in Text Matter
11.11: Words in Drawings
11.12: Alterations, Etc.
11.13: Special Requirements for Drawings
11.14: Later Documents

Rule 12: Language of the International Application and Translation for the Purposes of International Search

12.1: Languages Accepted for the Filing of International Applications
12.2: Language of Changes in the International Application
12.3: Translation for the Purposes of International Search

Rule 13: Unity of Invention

13.1: Requirement
13.2: Circumstances in Which the Requirement of Unity of Invention Is to Be Considered Fulfilled
13.3: Determination of Unity of Invention Not Affected by Manner of Claiming
13.4: Dependent Claims
13.5: Utility Models

Rule 13bis: Inventions Relating to Biological Material

13bis.1: Definition
13bis.2: References (General)
13bis.3: References: Contents; Failure to Include Reference or Indication
13bis.4: References: Time Limit for Furnishing Indications
13bis.5: References and Indications for the Purposes of One or More Designated States; Different Deposits for Different Designated States; Deposits with Depositary Institutions Other than Those Notified
13bis.6: Furnishing of Samples
13bis.7: National Requirements: Notification and Publication

Rule 13ter: Nucleotide and/or Amino Acid Sequence Listings

13ter.1: Sequence Listing for International Authorities
13ter.2: Sequence Listing for Designated Office

Rule 14: The Transmittal Fee

14.1: The Transmittal Fee

Rule 15: The International Fee

15.1: Basic Fee and Designation Fee
15.2: Amounts
15.3: [Deleted]
15.4: Time Limit for Payment; Amount Payable
15.5: Fees Under Rule 4.9(c)
15.6: Refund

Rule 16: The Search Fee

16.1: Right to Ask for a Fee
16.2: Refund
16.3: Partial Refund

Rule 16bis: Extension of Time Limits for Payment of Fees

16bis.1: Invitation by the Receiving Office
16bis.2: Late Payment Fee

Rule 17: The Priority Document

17.1: Obligation to Submit Copy of Earlier National or International Application
17.2: Availability of Copies

Rule 18: The Applicant

18.1: Residence and Nationality
18.2: [Deleted]
18.3: Two or More Applicants
18.4: Information on Requirements Under National Law as to Applicants

Rule 19:  The Competent Receiving Office

19.1: Where to File
19.2: Two or More Applicants
19.3: Publication of Fact of Delegation of Duties of Receiving Office
19.4: Transmittal to the International Bureau as Receiving Office

Rule 20: Receipt of the International Application

20.1: Date and Number
20.2: Receipt on Different Days
20.3: Corrected International Application
20.4: Determination Under Article 11(1)
20.5: Positive Determination
20.6: Invitation to Correct
20.7: Negative Determination
20.8: Error by the Receiving Office
20.9: Certified Copy for the Applicant

Rule 21: Preparation of Copies

21.1: Responsibility of the Receiving Office

Rule 22: Transmittal of the Record Copy and Translation

22.1: Procedure
22.2: [Deleted]
22.3: Time Limit Under Article 12(3)

Rule 23: Transmittal of the Search Copy, Translation and Sequence Listing

23.1: Procedure

Rule 24: Receipt of the Record Copy by the International Bureau

24.1: [Deleted]
24.2: Notification of Receipt of the Record Copy

Rule 25: Receipt of the Search Copy by the International Searching Authority

25.1: Notification of Receipt of the Search Copy

Rule 26: Checking by, and Correcting Before, the Receiving Office of Certain Elements of the International Application

26.1: Time Limit for Check
26.2: Time Limit for Correction
26.3: Checking of Physical Requirements Under Article 14(1)(a)(v)
26.3bis: Invitation Under Article 14(1)(b) to Correct Defects Under Rule 11
26.3ter: Invitation to Correct Defects Under Article 3(4)(i)
26.4: Procedure
26.5: Decision of the Receiving Office
26.6: Missing Drawings

Rule 26bis: Correction or Addition of Priority Claim

26bis.1: Correction or Addition of Priority Claim
26bis.2: Invitation to Correct Defects in Priority Claims

Rule 26ter: Correction or Addition of Declarations Under Rule 4.17

26ter.1: Correction or Addition of Declarations
26ter.2: Processing of Declarations

Rule 27: Lack of Payment of Fees

27.1: Fees

Rule 28: Defects Noted by the International Bureau

28.1: Note on Certain Defects

Rule 29: International Applications or Designations Considered Withdrawn

29.1: Finding by Receiving Office
29.2: [Deleted]
29.3: Calling Certain Facts to the Attention of the Receiving Office
29.4: Notification of Intent to Make Declaration Under Article 14(4)

Rule 30 : Time Limit Under Article 14(4)

30.1: Time Limit

Rule 31: Copies Required Under Article 13

31.1: Request for Copies
31.2: Preparation of Copies

Rule 32: Extension of Effects of International Application to Certain Successor States

32.1: Request for Extension of International Application to Successor State
32.2: Effects of Extension to Successor State

Rule 33: Relevant Prior Art for the International Search

33.1: Relevant Prior Art for the International Search
33.2: Fields to Be Covered by the International Search
33.3: Orientation of the International Search

Rule 34: Minimum Documentation

34.1: Definition

Rule 35: The Competent International Searching Authority

35.1: When Only One International Searching Authority Is Competent
35.2: When Several International Searching Authorities Are Competent
35.3: When the International Bureau Is Receiving Office Under Rule 19.1(a)(iii)

Rule 36: Minimum Requirements for International Searching Authorities

36.1: Definition of Minimum Requirements

Rule 37: Missing or Defective Title

37.1: Lack of Title
37.2: Establishment of Title

Rule 38: Missing or Defective Abstract

38.1: Lack of Abstract
38.2: Establishment of Abstract

Rule 39: Subject Matter Under Article 17(2)(a)(i)

39.1: Definition

Rule 40: Lack of Unity of Invention (International Search)

40.1: Invitation to Pay
40.2: Additional Fees
40.3: Time Limit

Rule 41: Earlier Search Other than International Search

41.1: Obligation to Use Results; Refund of Fee

Rule 42: Time Limit for International Search

42.1: Time Limit for International Search

Rule 43: The International Search Report

43.1: Identifications
43.2: Dates
43.3: Classification
43.4: Language
43.5: Citations
43.6: Fields Searched
43.7: Remarks Concerning Unity of Invention
43.8: Authorized Officer
43.9: Additional Matter
43.10: Form

Rule 44: Transmittal of the International Search Report, Etc.

44.1: Copies of Report or Declaration
44.2: Title or Abstract
44.3: Copies of Cited Documents

Rule 45: Translation of the International Search Report

45.1: Languages

Rule 46: Amendment of Claims Before the International Bureau

46.1: Time Limit
46.2: Where to File
46.3: Language of Amendments
46.4: Statement
46.5: Form of Amendments

Rule 47: Communication to Designated Offices

47.1: Procedure
47.2: Copies
47.3: Languages
47.4: Express Request Under Article 23(2)

Rule 48 : International Publication

48.1: Form
48.2: Contents
48.3: Languages of Publication
48.4: Earlier Publication on the Applicant's Request
48.5: Notification of National Publication
48.6: Announcing of Certain Facts

Rule 49: Copy, Translation and Fee Under Article 22

49.1: Notification
49.2: Languages
49.3: Statements Under Article 19; Indications Under Rule 13bis.4
49.4: Use of National Form
49.5: Contents of and Physical Requirements for the Translation

Rule 50: Faculty Under Article 22(3)

50.1: Exercise of Faculty

Rule 51: Review by Designated Offices

51.1: Time Limit for Presenting the Request to Send Copies
51.2: Copy of the Notice
51.3: Time Limit for Paying National Fee and Furnishing Translation

Rule 51bis: Certain National Requirements Allowed Under Article 27

51bis.1: Certain National Requirements Allowed
51bis.2: Certain Circumstances in Which Documents or Evidence May Not Be Required
51bis.3: Opportunity to Comply with National Requirements

Rule 52: Amendment of the Claims, the Description, and the Drawings, Before Designated Offices

52.1: Time Limit

Part C:       Rules Concerning Chapter II of the Treaty

Rule  53: The Demand

53.1: Form
53.2: Contents
53.3: The Petition
53.4: The Applicant
53.5: Agent or Common Representative
53.6: Identification of the International Application
53.7: Election of States
53.8: Signature
53.9: Statement Concerning Amendments

Rule 54: The Applicant Entitled to Make a Demand

54.1: Residence and Nationality
54.2: Right to Make a Demand
54.3: International Applications Filed with the International Bureau as Receiving Office
54.4: Applicant Not Entitled to Make a Demand

Rule 55: Languages (International Preliminary Examination)

55.1: Language of Demand
55.2: Translation of International Application
55.3: Translation of Amendments

Rule 56: Later Elections

56.1: Elections Submitted Later than the Demand
56.2: Identification of the International Application
56.3: Identification of the Demand
56.4: Form of Later Elections
56.5: Language of Later Elections

Rule 57: The Handling Fee

57.1: Requirement to Pay
57.2: Amount
57.3: Time Limit for Payment; Amount Payable
57.4: [Deleted]
57.5: [Deleted]
57.6: Refund

Rule 58: The Preliminary Examination Fee

58.1: Right to Ask for a Fee
58.2: [Deleted]
58.3: Refund

Rule 58bis: Extension of Time Limits for Payment of Fees

58bis.1: Invitation by the International Preliminary Examining Authority
58bis.2: Late Payment Fee

Rule 59: The Competent International Preliminary Examining Authority

59.1: Demands Under Article 31(2)(a)
59.2: Demands Under Article 31(2)(b)
59.3: Transmittal of Demand to the Competent International Preliminary Examining Authority

Rule 60: Certain Defects in the Demand or Elections

60.1: Defects in the Demand
60.2: Defects in Later Elections

Rule 61: Notification of the Demand and Elections

61.1: Notification to the International Bureau and the Applicant
61.2: Notification to the Elected Offices
61.3: Information for the Applicant
61.4: Publication in the Gazette

Rule 62: Copy of Amendments Under Article 19 for the International Preliminary Examining Authority

62.1 Amendments Made Before the Demand Is Filed
62.2: Amendments Made After the Demand Is Filed

Rule 63: Minimum Requirements for International Preliminary Examining Authorities

63.1: Definition of Minimum Requirements

Rule 64: Prior Art for International Preliminary Examination

64.1: Prior Art
64.2: Non-Written Disclosures
64.3: Certain Published Documents

Rule 65: Inventive Step or Non-Obviousness

65.1: Approach to Prior Art
65.2: Relevant Date

Rule 66: Procedure Before the International Preliminary Examining Authority

66.1: Basis of the International Preliminary Examination
66.2: First Written Opinion of the International Preliminary Examining Authority
66.3: Formal Response to the International Preliminary Examining Authority
66.4: Additional Opportunity for Submitting Amendments or Arguments
66.4bis: Consideration of Amendments and Arguments
66.5: Amendment
66.6: Informal Communications with the Applicant
66.7: Priority Document
66.8: Form of Amendments
66.9: Language of Amendments

Rule 67: Subject Matter Under Article 34(4)(a)(i)

67.1: Definition

Rule 68: Lack of Unity of Invention (International Preliminary Examination)

68.1: No Invitation to Restrict or Pay
68.2: Invitation to Restrict or Pay
68.3: Additional Fees
68.4: Procedure in the Case of Insufficient Restriction of the Claims
68.5: Main Invention

Rule 69: Start of and Time Limit for International Preliminary Examination

69.1: Start of International Preliminary Examination
69.2: Time Limit for International Preliminary Examination

Rule 70: The International Preliminary Examination Report

70.1: Definition
70.2: Basis of the Report
70.3: Identifications
70.4: Dates
70.5: Classification
70.6: Statement Under Article 35(2)
70.7: Citations Under Article 35(2)
70.8: Explanations Under Article 35(2)
70.9: Non-Written Disclosures
70.10: Certain Published Documents
70.11: Mention of Amendments
70.12: Mention of Certain Defects and Other Matters
70.13: Remarks Concerning Unity of Invention
70.14: Authorized Officer
70.15: Form
70.16: Annexes to the Report
70.17: Languages of the Report and the Annexes

Rule 71: Transmittal of the International Preliminary Examination Report

71.1: Recipients
71.2: Copies of Cited Documents

Rule 72: Translation of the International Preliminary Examination Report

72.1: Languages
72.2: Copy of Translation for the Applicant
72.3: Observations on the Translation

Rule 73: Communication of the International Preliminary Examination Report

73.1: Preparation of Copies
73.2: Time Limit for Communication

Rule 74: Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof

74.1: Contents of Translation and Time Limit for Transmittal Thereof

Rule 75: [Deleted]

Rule 76: Copy, Translation and Fee Under Article 39(1); Translation of Priority Document

76.1: [Deleted]
76.2: [Deleted]
76.3: [Deleted]
76.4: Time Limit for Translation of Priority Document
76.5: Application of Rules 22.1(g), 49 and 51bis
76.6: Transitional Provision

Rule 77: Faculty Under Article 39(1)(b)

77.1: Exercise of Faculty

Rule 78: Amendment of the Claims, the Description, and the Drawings, Before Elected Offices

78.1: Time Limit Where Election Is Effected Prior to Expiration of 19 Months from Priority Date
78.2: Time Limit Where Election Is Effected After Expiration of 19 Months from Priority Date
78.3: Utility Models

Part D: Rules Concerning Chapter III of the Treaty

Rule 79: Calendar

79.1: Expressing Dates

Rule 80: Computation of Time Limits

80.1: Periods Expressed in Years
80.2: Periods Expressed in Months
80.3: Periods Expressed in Days
80.4: Local Dates
80.5: Expiration on a Non-Working Day
80.6: Date of Documents
80.7: End of Working Day

Rule 81: Modification of Time Limits Fixed in the Treaty

81.1: Proposal
81.2: Decision by the Assembly
81.3: Voting by Correspondence

Rule 82: Irregularities in the Mail Service

82.1: Delay or Loss in Mail
82.2: Interruption in the Mail Service

Rule  82bis: Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits

82bis.1: Meaning of "Time Limit" in Article 48(2)
82bis.2: Reinstatement of Rights and Other Provisions to Which Article 48(2) Applies

Rule 82ter: Rectification of Errors Made by the Receiving Office or by the International Bureau

82ter.1: Errors Concerning the International Filing Date and the Priority Claim

Rule 83: Right to Practice Before International Authorities

83.1: Proof of Right
83.1bis: Where the International Bureau Is the Receiving Office
83.2: Information

Part E:  Rules Concerning Chapter V of the Treaty

Rule 84: Expenses of Delegations

84.1: Expenses Borne by Governments

Rule 85: Absence of Quorum in the Assembly

85.1: Voting by Correspondence

Rule 86: The Gazette

86.1: Contents and Form
86.2: Languages; Access to the Gazette
86.3: Frequency
86.4: Sale
86.5: Title
86.6: Further Details

Rule 87: Copies of Publications

87.1: International Searching and Preliminary Examining Authorities
87.2: National Offices

Rule 88: Amendment of the Regulations

88.1: Requirement of Unanimity
88.2: [Deleted]
88.3: Requirement of Absence of Opposition by Certain States
88.4: Procedure

Rule 89: Administrative Instructions

89.1: Scope
89.2: Source
89.3: Publication and Entry into Force

Part F:       Rules Concerning Several Chapters of the Treaty

Rule 89bis: Filing, Processing and Transmission of International Applications and Other Documents in Electronic Form or by Electronic Means

89bis.1: International Applications
89bis.2: Other Documents
89bis.3: Transmittal Between Offices

Rule 89ter: Copies in Electronic Form of Documents Filed on Paper

89ter.1: Copies in Electronic Form of Documents Filed on Paper

Rule 90: Agents and Common Representatives

90.1: Appointment as Agent
90.2: Common Representative
90.3: Effects of Acts by or in Relation to Agents and Common Representatives
90.4: Manner of Appointment of Agent or Common Representative
90.5: General Power of Attorney
90.6: Revocation and Renunciation

Rule 90bis: Withdrawals

90bis.1: Withdrawal of the International Application
90bis.2: Withdrawal of Designations
90bis.3: Withdrawal of Priority Claims
90bis.4: Withdrawal of the Demand, or of Elections
90bis.5: Signature
90bis.6: Effect of Withdrawal
90bis.7: Faculty Under Article 37(4)(b)

Rule 91: Obvious Errors in Documents

91.1: Rectification

Rule 92: Correspondence

92.1: Need for Letter and for Signature
92.2: Languages
92.3: Mailings by National Offices and Intergovernmental Organizations
92.4: Use of Telegraph, Teleprinter, Facsimile Machine, Etc.

Rule 92bis: Recording of Changes in Certain Indications in the Request or the Demand

92bis.1: Recording of Changes by the International Bureau

Rule 93: Keeping of Records and Files

93.1: The Receiving Office
93.2: The International Bureau
93.3: The International Searching and Preliminary Examining Authorities
93.4: Reproductions

Rule 94: Access to Files

94.1: Access to the File Held by the International Bureau
94.2: Access to the File Held by the International Preliminary Examining Authority
94.3: Access to the File Held by the Elected Office

Rule 95: Availability of Translations

95.1: Furnishing of Copies of Translations

Rule 96: The Schedule of Fees

96.1: Schedule of Fees Annexed to Regulations

Schedule of Fees

________________________