Chapter 1. International Publication
Section 1.1. Case of non-publication
The international application is published by the IB except:
- if no filing date is assigned by the RO (R20.4 PCT);
- if the application is withdrawn or deemed withdrawn before the end of the technical preparation of the publication (A21.5 PCT);
- if the only designated State remaining at the end of the technical preparations is the USA (A64.3.a PCT, a Reserve having been made by this country)
Section 1.2. Completion of technical preparation
The technical preparation of the publication is usually completed 15 days before the date of publication (Guide for the applicant §9.013).
Section 1.3. Date of international publication
1.3.1. Normal delay
Publication of the application occurs after the expiry of 18 months from the priority date (A21.1 PCT).
This publication normally occurs on Thursdays.
1.3.2. Early publication
Section 1.4. Content and form of the publication
The publication contains:
- international demand (R48.2.ai PCT at R48.2.a.iv PCT);
- the RRI if available (R48.2.av PCT);
- any changes made after the receipt of the IPP under A19 PCT (R48.2.a.vi PCT and R48.2.f PCT);
If the deadline for the amendment of the claims has not expired, the publication mentions this fact and any amendments are published later (R48.2.h PCT).
If the RRI is not yet available, the publication mentions this fact and it will be published when it becomes available (R48.2.g PCT).
1.4.2. Form of publication
The IB does not send a hard copy of the publication unless the applicant makes the request (free, PCT Newsletter n ° 3/2006).
1.4.3. Publication number
Each international application receives a publication number consisting of the WO code followed by the indication of the year and a sequence number (Administrative Instructions 404).
Section 1.5. PCT Gazette
The Gazette is published in French and English (R86.2.a PCT).
Section 1.6. Language of the publication
1.6.1. Filing in a language of publication
The languages of publication are (R48.3.a PCT):
- the Chinese,
- Portuguese or
- the Russian.
Some elements are translated by the IB:
- the title and abstract are translated into English (R48.3.c PCT) and in French (R86.1.i PCT as published in the Gazette which is in these two languages);
- the RRI is translated into English (R48.3.c PCT and R45.1 PCT).
1.6.2. Filing in a language other than a language of publication
1) Language accepted by ISA
In this situation, the applicant must file a translation in a language of publication accepted for this purpose by the RO (R12.4 PCT).
2) Language not accepted by ISA
In this situation, the applicant must file a translation in a language of publication accepted by the ISA (R12.3 PCT).
Chapter 2. Effect of publication and provisional protection
The PCT provides temporary protection for the application from its publication, equivalent protection granted by national law to an unexamined national application (A29.1 PCT).
This temporary protection may be subordinated:
- to the supply of translation (A29.2 PCT);
- the expiry of the period of 18 months from the date ofA29.3 PCT);
- upon receipt by the national office of the copy of the application as published (A29.4 PCT).