Postal Filing
The international application can be filed directly with the RO (A10 PCT and Guide for Applicants §6.003).
The terms of direct filing (addresses, etc.) are governed by the applicable national law.
Filing by Mail
The international application can be mailed to the RO (Guide for Applicants §6.003).
The terms of direct filing (addresses, etc.) are governed by the applicable national law.
Filing by Fax
Principle
The international application can be sent by fax to the RO (Guide for Applicants §6.003) if:
- The RO allows it (R92.4.a PCT and R92.4.h PCT) and when requested 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 fax is governed by Rule 92.4 PCT (or other similar means resulting in a printed or written document).
If the fax is unreadable (in whole or in part), the fax is considered as not having been received and the applicant is informed (R92.4.c PCT).
Case of the EPO
Before the EPO, it is still necessary to submit in one copy (A151 EPC together with R157(2) EPC) the paper copy of the application documents as well as the request.
It is advisable to indicate on the fax that paper documents are being sent at the same time by mail (“Decision of the President of the European Patent Office, dated February 20, 2019, concerning the filing of patent applications and other documents by fax”, OJ 2019, A18).
If no documents are received, the EPO invites the applicant to submit these documents within 2 months (and not 14 days as indicated above).
If the applicant does not respond to this invitation, the fax is deemed not received, meaning that the application is deemed withdrawn (R92.4.g.i PCT).
Electronic Filing
PCT-Easy
The filing can be done using PCT-EASY: a paper filing accompanied by an electronic version (floppy disk, CD-ROM).
The PCT-EASY software can be used (R89ter PCT and R3.1 PCT together with Administrative Instructions 102bis.a) if the RO accepts it:
- The electronic version is not sufficient to obtain the filing date; the paper version must also be filed (Guide for Applicants §6.007);
- The paper version is the authoritative version for this type of filing (Guide for Applicants §6.007);
- The RO verifies that there is consistency between the paper version and the electronic version filed (Guide for Applicants §6.002).
Any office that does not accept this type of filing may:
- Treat the application as a paper filing (Guide for Applicants, §11.097);
- Request the applicant to authorize the transmission of the application to the IB/RO (R19.4.a.iii PCT).
The EPO no longer accepts PCT-EASY filings since April 1, 2007 (OJ 2007, 58).
ePCT
This filing method allows filing via a WEB interface if the RO is the IB (link to the site).
PCT-SAFE
WIPO has developed software for online electronic filings (link to the site) with the IB and possibly other RO accepting it.
Other Means
The international application can 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.
National offices are not required to receive or process electronic applications unless otherwise notified to the International Bureau (R89bis PCT).
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