Publication and provisional protection

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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  • if the application is withdrawn or deemed withdrawn before the end of the technical preparation of the publication (A21.5 PCT);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

The application is published in advance by the IB if the applicant so requests (A21.2.b PCT, advance publication or A64.3.ci PCT, despite the US reserves).

A special tax is requested by the IB if the RRI is not yet available (R48.4.a PCT): 200 Swiss francs (Administrative Instructions 113.a).

Section 1.4. Content and form of the publication

1.4.1. contents

The publication contains:

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 form of the publication is provided by the Administrative Instructions 406 (exclusively in electronic form, together PCT Newsletter n ° 3/2006).

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

At the same time as the application is published, the Gazette mentions this fact (A55.4 PCT) by detailing certain indications (Administrative Instructions 407).

The Gazette is published in electronic form (R86.2.c PCT together Administrative Instructions 407.a).

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

If the international application is filed in a language of publication, the application is filed in that language (A21.4 PCT and R48.3.a PCT).

The languages of publication are (R48.3.a PCT):

  • German,
  • English
  • Arabic,
  • the Chinese,
  • Korean,
  • Spanish,
  • French,
  • Japanese,
  • 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).

The publication will be done only in this language of translation (A21.4 PCT together R48.3.b 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).

The publication will be done only in this language of translation (A21.4 PCT together R48.3.b 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).

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