Confidentiality
Before international publication
The existence of an international application is not public until international publication (A30.1.a PCT, except IB, RO and ISA).
Nevertheless, the IB provides copies of any document contained in the file:
- upon request of the applicant or any person authorized by the applicant (against reimbursement of the service cost, A30.1 PCT together with R94.1.a PCT); in case of a court order from a competent tribunal requesting access to the file (A30.2.c PCT).
After international publication
Access from the IB
If the application has been published, the following may be obtained by the public, from the IB:
- the international application (A30.1.a PCT); amendments made under A19 PCT (R48.2.f PCT); the ISR (excluding the written opinion, A21.3 PCT and R48.2.a.v PCT);
- copies of priority documents (R17.2.c PCT);
- any document (R94.1.b PCT, subject to the confidentiality of the search (A38 PCT) and examination (R44ter.1 PCT), see below).
Access may be obtained free of charge via PatentScope®.
Access from the ISA
If the application has been published, the following may be obtained by the elected Offices, from the IPEA:
- copies of any document contained in the file (R94.3 PCT).
Access from the designated Offices
The national law of an elected Office may authorize public access to the file of an international application, if such access is permitted for a national application (R94.3 PCT).
An official fee may be required.
Restriction for the written opinion of the search
Principle
The IB and the ISA do not allow any person (public or administrations) to access the written opinion under R43bis.1 PCT or the preliminary report on patentability (Chapter I) under R44bis PCT before the expiration of a 30-month period from the priority date (R44ter.1.a PCT and R94.1.b PCT).
The applicant may nevertheless access these documents or authorize a third party to do so (R44ter.1.a PCT).
End of restriction = public access at 30 months
Once the 30-month period has expired, these documents will be accessible.
Restriction for the examination report
Principle
The IB and the IPEA do not allow any person (public or administrations, including elected Offices) to access the examination file before the examination report is established (A38.1 PCT).
The applicant may nevertheless access these documents or authorize a third party to do so (A38.1 PCT and R94.2 PCT): an official fee may be required.
End of restriction = access to elected Offices upon establishment of the examination report
After the examination report is established, it is automatically transmitted to the elected Offices (A36.3.a PCT and R73.1 PCT).
Indirect public access?
Normally, the public never has access to the examination report.
However, as mentioned above, the national law of the elected States may allow public access to the file, which includes the examination report (R94.3 PCT).
Additionally, the examination report may be transmitted by the IB to a third party if requested by an elected Office (R94.1.c PCT).
File retention
By the RO
Each RO retains the files and registers relating to any international application for 10 years from the filing date (or the date of receipt of the first documents that do not allow a filing date to be attributed) (R93.1 PCT).
By the IB
The IB retains the file (including the original copy) for 30 years from the date of receipt of the original copy (R93.2.a PCT).
The basic file is retained indefinitely (R93.2.b PCT).
By the IPEA or the ISA
Each ISA and each IPEA retains the file for 10 years from the international filing date (R93.3 PCT).