In-person filing
The international application may be filed directly with the RO (A10 PCT and Applicant’s Guide §6.003).
The procedures for direct filing (addresses, etc.) are governed by the applicable national law.
Filing by mail
The international application may be sent by mail to the RO (Applicant’s Guide §6.003).
The procedures for direct filing (addresses, etc.) are governed by the applicable national law.
Filing by facsimile
Principle
The international application may be sent by facsimile to the RO (Applicant’s Guide §6.003) if:
- the RO permits it (R92.4.a PCT and R92.4.h PCT) and, when required by the RO (possibly in specific cases R92.4.f PCT), the original is submitted to the RO within 14 days (R92.4.d PCT).
The use of facsimile is governed by Rule 92.4 PCT (or other similar means resulting in a printed or written document).
If the facsimile is illegible (in whole or in part), the facsimile is considered not to have been received, and the applicant is informed (R92.4.c PCT).
Case of the EPO
Before the EPO, it is still necessary to submit one copy (A151 EPC together with R157(2) EPC) of the paper copy of the application documents and the request.
It is advisable to indicate on the facsimile that paper documents are being sent simultaneously by mail (“Decision of the President of the European Patent Office dated 20 February 2019 on the filing of patent applications and other documents by facsimile”, OJ 2019, A18).
If no documents are received, the EPO invites the applicant to submit these documents within a period of 2 months (and not 14 days as indicated above).
If the applicant does not comply with this invitation, the facsimile is deemed not to have been received, meaning that the application is deemed withdrawn (R92.4.g.i PCT).
Electronic filing
PCT-Easy
The filing may be made using PCT-EASY: a paper filing accompanied by an electronic version (floppy disk, CD-ROM).
The PCT-EASY software may be used (R89ter PCT and R3.1 PCT together with Administrative Instructions 102bis.a) if the RO accepts it:
- the electronic version alone is not sufficient to obtain the filing date; the paper version must also be filed (Applicant’s Guide §6.007);
- the paper version prevails for this type of filing (Applicant’s Guide §6.007);
- the RO verifies that there is consistency between the paper version and the electronic version filed (Applicant’s Guide §6.002).
Any office that does not accept this type of filing may:
- process the application as a paper-filed application (Applicant’s Guide, §11.097);
- request the applicant’s authorization to transmit the application to the IB/RO (R19.4.a.iii PCT).
The EPO no longer accepts PCT-EASY filings as of 1 April 2007 (OJ 2007, 58).
ePCT
This filing method allows for submission via a web interface if the RO is the IB (link to the website).
PCT-SAFE
WIPO has developed software enabling online electronic filings (link to the website) with the IB and potentially other ROs that accept it.
Other methods
The international application may be filed in electronic format (R89bis.1.a PCT) if the RO accepts this type of filing (R89bis.1.d PCT).
The filing must then comply with the Administrative Instructions, Chapter 7, and Annex F of the Administrative Instructions.