Requirements
Provision of a Title
Requirement
The application must include a title (R4.1.a PCT, request and R5.1.a PCT, description).
It must be brief (2 to 7 words) and precise (R4.3 PCT).
Sanction
If the title is missing (A14.1.a.iii PCT), the RO invites the applicant to provide it (A14.1.b PCT) within 2 months from the date of the invitation (A14.1.b PCT together with R26.1 PCT together with R26.2 PCT).
This time limit may be extended, upon request, even after the expiration of the time limit, as long as no decision on this point has been taken by the RO (A14.1.b PCT together with R26.1 PCT together with R26.2 PCT).
If the correction is not made in time, the international application is considered withdrawn (A14.1.b PCT).
Title Established or Confirmed by the ISA
If the ISA finds that the application does not contain a title and the RO has not notified the applicant to provide it, the ISA establishes the title itself (R37.2 PCT).
If the title has previously been provided by the applicant, the ISA approves the title (R44.2 PCT).
Provision of an Abstract
Requirement
The application must include an abstract (A14.1.a.iv PCT) comprising a summary of what is disclosed in the application (R8 PCT).
This abstract must be concise (about 50 to 150 words) (R8.1.b PCT).
Sanction
If the abstract is missing (A14.1.a.iv PCT), the RO invites the applicant to provide it (A14.1.b PCT) within 2 months from the date of the invitation (R26.2 PCT).
This time limit may be extended, upon request, even after the expiration of the time limit, as long as no decision on this point has been taken by the RO (R26.2 PCT).
If the correction is not made in time, the international application is considered withdrawn (A14.1.b PCT).
Abstract Established or Confirmed by the ISA
If the ISA finds that the application does not contain an abstract and the RO has not notified the applicant to provide it or if the ISA finds that the abstract is not compliant, the ISA establishes the abstract itself (R38.2 PCT).
If the abstract has previously been provided by the applicant, the ISA approves it (R44.2 PCT).
Signature of the Application
Requirement
Normally, the request must be signed by the applicant (A14.1.a.i PCT together with R4.1.d PCT) or their representative (R2.1 PCT and R90.3 PCT).
If normally the request must be signed by all applicants (R4.15.a PCT), this does not constitute an irregularity at the international stage if only one of them has signed it (R26.2bis.a PCT).
Seals
It may happen that certain RO accept « seals » in place of signatures (R2.3 PCT).
This may be the case for the Chinese, Japanese or Korean office (Guide du déposant §5.091).
Sanction
If the signature is missing (A14.1.a.i PCT), the RO invites the applicant to provide it (A14.1.b PCT) within 2 months from the date of the invitation (R26.2 PCT).
This period may be extended, upon request, even after the expiration of the period, as long as no decision on this point has been made by the RO (R26.2 PCT).
If the correction is not made in time, the international application is considered withdrawn (A14.1.b PCT).
Designation of the applicant
Requirement
The applicant must be identified by indicating (R4.5.a PCT) :
- their name:
- surname followed by the first name (R4.4.a PCT),
- official designation for legal entities (R4.4.b PCT),
- without titles or ranks (R4.19.a PCT);
- their address:
- written to allow correct postal delivery (R4.4.c PCT),
- a telephone or fax number may complement this address.
- their nationality (the name of the State, R4.5.b PCT) and their domicile (the name of the State, R4.5.c PCT):
- this indication is useful to know if the applicant has the capacity to file an application with this RO (R19.1.a PCT),
- when the country of domicile is not indicated, it is assumed to be the country indicated in the address.
- the name of the State is indicated (instructions administratives 115)
- either in full
- or in abbreviated form
- or by its two-letter code.
There may be different applicants for different States (R4.5.d PCT).
Sanction
If the designation of the applicant is missing (A14.1.a.ii PCT) (at least for the one who allows filing with the RO, R26.2bis.b PCT), the RO invites the applicant to provide it (A14.1.b PCT) within 2 months from the invitation (R26.2 PCT).
This period may be extended, upon request, even after the expiration of the period, as long as no decision on this point has been made by the RO (R26.2 PCT).
If the correction is not made in time, the international application is deemed to be withdrawn (A14.1.b PCT).
Subsequent Evidence
During the national phase, the designated or elected offices may request evidence of the identity of the inventor (R51bis.1.a.i PCT).
Languages of the Abstract, Drawings and Request
Translation of the Abstract and Drawings
If the abstract or the text contained in the drawings are not written in the language of the filing (i.e., of the description and claims) and if these parts are not already in the language in which the application must be published, the RO invites the applicant to submit a translation of these parts in the language in which the application must be published (A3.4.i PCT and R26.3ter.a PCT).
However, some offices do not accept that certain parts are in a language other than that of the description (R26.3ter.b PCT).
Translation of the Request
Regardless of the language of the description and claims, the request must be filed in a publication language accepted by the RO (R12.1.c PCT).
The publication languages are (R48.3.a PCT):
- German, English, Arabic, Chinese, Korean, Spanish, French, Japanese, Portuguese or Russian.
If the request does not meet this requirement, the RO notifies the applicant (R26.3ter.c PCT) and invites them to remedy this irregularity and/or to submit observations within a period of 2 months from the invitation (R26.3ter.c PCT together R26.1 PCT together R26.2 PCT).
Priority Claims
Requirement
Any application may include a declaration that one or more priorities of previously filed applications in a Paris Convention member state (A8.1 PCT) or a WTO member state (R4.10.a PCT).
Any priority claim must be included in the request (R4.10.a PCT) and must mention, for the previous application:
- the filing date (R4.10.a.i PCT);
- the filing number (R4.10.a.ii PCT); the place of filing: the Paris Convention state or the WTO member where the filing was made (R4.10.a.iii PCT);
- the authority responsible for granting (if regional application, R4.10.a.iv PCT) and at least one Paris Convention member state or WTO member for which this application was filed (R4.10.b.ii PCT) if the regional application does not only concern states of this type;
- the RO (if international application, R4.10.a.v PCT).
If a state is not a WTO member and a priority is claimed outside the Paris Convention, this state may not consider the priority that has been claimed (Applicant’s Guide, §5.057).
Correction or Addition of Priority
Principle
It is possible to correct an existing priority claim or to add one by sending a communication to the IB or the RO (R26bis.1.a PCT).
Deadline
This correction or addition can be made (R26bis.1.a PCT):
- within a period of sixteen months from the earliest date among:
- the earliest priority date before correction/addition and
- the earliest priority date after correction/addition;
- within a period of four months from the international filing date.
Furthermore, the deadline is deemed to be met if the correction is received within the month following the declaration of the RO or the IB indicating that the priority claim is considered as not having been submitted (R26bis.2.b PCT, for correction only).
After the Deadline
If a correction or addition arrives after the expiration of this deadline to the IB, but without exceeding 30 months from the priority, the IB may publish this information upon payment of a fee (R26bis.2.e PCT).
Impact of Early Publication
Any request for correction/addition will be considered as not received if it occurs after the applicant’s request for early publication of the application (unless this request for early publication is withdrawn before the completion of technical preparations, R26bis.1.b PCT, i.e. 15 days before publication, Applicant’s Guide, §9.013).
Content
Any correction or addition of priority must comply with R4.10.a PCT and must mention, for the prior application:
- the filing date (R4.10.a.i PCT);
- the filing number (R4.10.a.ii PCT);
- the filing location:
- The Paris Convention State or WTO member in which the filing was made (R4.10.a.iii PCT)
- the granting authority (if regional application, R4.10.a.iv PCT) and at least one Paris Convention State or WTO member for which this application was filed (R4.10.b.ii PCT) if the regional application does not only target States of this type;
- the RO (if international application, R4.10.a.v PCT).
Effects on the calculation of deadlines
Any deadline calculated from the priority date that has not expired is recalculated (R26bis.1.c PCT).
Restoration of the right of priority by the RO
The RO may decide to grant a restoration of the right of priority if the period between the priority date and the filing date granted exceeds 12 months but does not exceed 14 months (R26bis.3.a PCT).
To do so, the RO must apply at least one restoration criterion among (R26bis.3.a PCT):
- the due care required in this case;
- the unintentional nature of the failure.
A restoration fee may be requested (R26bis.3.d PCT).
Of course, some countries have made a reservation to these provisions (R26bis.3.j PCT):
- BE Intellectual Property Office (Belgium)
- BR National Institute of Industrial Property (Brazil)
- CO Superintendence of Industry and Commerce (Colombia)
- CU Cuban Industrial Property Office
- CZ Industrial Property Office (Czech Republic)
- DE German Patent and Trademark Office
- DZ Algerian National Institute of Industrial Property
- GR Industrial Property Organisation (OBI) (Greece)
- ID Directorate General of Intellectual Property (Indonesia)
- IN Patent Office (India)
- IT Italian Patent and Trademark Office
- JP Japan Patent Office
- KR Korean Intellectual Property Office
- NO Norwegian Patent Office
- PH Intellectual Property Office (Philippines)
Requirement regarding the provision of the official copy
Principle and deadline
An official copy of the priority document must also be provided to the IB or the RO:
- within a period of 16 months from the priority date (R17.1.a PCT, if the application reaches the IB while the application has not yet been published, such a copy is deemed to have arrived within this period) or before the request for early processing (R17.2.a PCT, otherwise the designated or elected offices may not take into account the priority R17.1.c PCT).
Format of the copy
The copy must be certified as conforming by the authority with which the prior application was filed.
Exception concerning the submission of the earlier application
It is not necessary to provide the copy of the earlier application:
- when the RO is the office with which the earlier application was filed, and if a request is made (within the applicable deadlines above) to this office to transmit it to the IB (R17.1.b PCT);
- a fee may be payable;
- a box is provided in the form for this purpose (R4.1.c.ii PCT).
- when the earlier application is accessible from a « digital library » and if a request is made to the IB to obtain the document from this library (R17.1.b-bis PCT). The Offices participating in this library are (PCT Newsletter n°1/2010):
- Austria;
- Spain;
- Great Britain;
- International Bureau;
- Japan;
- South Korea;
- United States.
Notification of irregularity and corrections
Notification
When the RO or the IB finds that a priority claim does not meet the conditions of R4.10 PCT (mention of the date, number and place), this administration invites the applicant to correct this irregularity (R26bis.2.a.ii PCT).
A similar invitation is sent if the administration finds a contradiction between the priority document provided and the indications given (R26bis.2.a.iii PCT).
Nullity of the priority claim
If the applicant does not correct the priority, with regard to the mention of the date and the place of filing of the priority, within the time limit provided for the correction or addition of priority, the irregular priority claim is considered as not having been submitted (R26bis.2.b PCT) and the administration notifies the applicant. The time limit for correction is extended until the notification of the administration, but without exceeding one month after the time limit provided for the correction or addition of priority (R26bis.2.b PCT).
Non-nullity of the priority claim
Certain irregularities do not result in the nullity of the priority claim (R26bis.2.c PCT):
- the filing number is missing;
- the information in the priority document is contradictory with the indications given;
- the date of the priority exceeds more than 12 months from the filing date of the international application (but without exceeding 12+2 months, as there is a possibility of restoration).
Provision of a translation of the priority document?
If the validity of a priority is important for the patentability of an international application and if this priority is not in a language accepted by the ISA or the IPEA, this administration may invite the applicant to submit a translation of the priority in an appropriate language within 2 months (R43bis.1.b PCT for the ISA, R66.7.b PCT for the IPEA).
Otherwise, the priority is considered as not valid for the establishment of the search and examination reports (R43bis.1.b PCT for the ISA, R66.7.b PCT for the IPEA).
Verification of the validity of the priority claim
The validity of a priority claim is not determined during the international phase.
This validity must be decided during the national phase. For example, if a State is not a member of the WTO and a priority is claimed outside the Paris Convention, that State may not take into account the priority that has been claimed (Applicant’s Guide, §5.057).
Sanction
If no submission of the priority document is made, any designated or elected office may disregard the priority claim, but not before having given the applicant the opportunity to correct this irregularity within a reasonable time limit (R17.1.c PCT), unless the priority application was filed with that national office or is accessible to it (R17.1.d PCT).
Fees
Principle
Each international application is subject to the payment of prescribed fees (A3.4.iv PCT).
These fees are (R27.1 PCT) :
- the transmission fee (A3.4.iv PCT together with R14 PCT),
- the international filing fee (A3.4.iv PCT together with R15.1 PCT),
- the search fee (A3.4.iv PCT together with R16 PCT) and,
- when required, the fee for late payment (A3.4.iv PCT together with R16bis.2 PCT).
Fees to be paid
Transmission fee
The transmission fee is collected by the RO for the RO (A3.4.iv PCT together with R14.1.a PCT) to cover the expenses it incurs in carrying out its tasks.
The amount is set by the RO (R14.1.b PCT) which sets the currency in which this fee must be paid.
This fee is due within a period of 1 month from the filing (R14.1.c PCT).
Search fee
The search fee is collected by the RO for the ISA (A3.4.iv PCT together with R16.1.a PCT) to cover the search expenses.
The amount is set by the ISA (R16.1.a PCT) but must be paid to the RO (R16.1.b PCT) which sets the currency in which this fee must be paid.
This fee is due within a period of 1 month from the filing (R16.1.f PCT).
International fee
The international filing fee is collected by the RO for the IB (A3.4.iv PCT together with R15.1 PCT) to cover its various expenses.
The amount is set by the Schedule of Fees (R15.2.a PCT) :
- 1330 Swiss francs (approximately 1090 euros);
- 15 Swiss francs for each additional page from the 31st (taking into account: the request including declarations, the description, the drawings, the claims, the abstract, the sequence listing).
The RO sets the currency in which this fee must be paid (R15.2.b PCT).
This fee is due within 1 month from the filing (R15.3 PCT).
Reduction
Developing countries
A 90% reduction in the processing fee is possible if the applicant is a national or resident of:
- a country whose national income per capita is less than 3000 US dollars (Schedule of Fees, point 5.a) or
- a country classified in the category of least developed countries by the United Nations Organization (Schedule of Fees, point 5.b).
For an applicant benefiting from this reduction, and if the RO is the IB, there will be no transmission fee.
All applicants (even if they are not part of the PCT system) must meet this criterion to benefit from the reduction (Schedule of Fees, point 5).
This reduction applies after the reduction concerning the means of filing if it is applicable (Schedule of Fees, point 5).
At present, WIPO indicates that the following States benefit from it (90% fee reduction for the PCT) :
States benefiting from a reduction under the PCT
States benefiting from a reduction under the PCT (on the United Nations list)Electronic filing means
A reduction in the international filing fee is provided if (Schedule of Fees, point 4) :
- the request and the abstract are filed in the form of a paper print produced using the PCT-EASY software (Schedule of Fees, point 4.a): an electronic copy (diskette) in character encoding format (e.g., XML) must be attached. This mode is called « PCT-EASY presentation mode request »;
- the reduction is 100 Swiss francs ;
- the reduction is 100 Swiss francs ;
- the reduction is 200 Swiss francs ;
- the reduction is 300 Swiss francs ;
This reduction applies before the reduction concerning developing countries if it is applicable (Schedule of Fees, point 5).
Late payment
In case of late payment (or insufficient payment), the RO invites the applicant to pay the unpaid amount within one month from the notification (R16bis.1.a PCT).
A payment is not considered late if the payment is received by the RO before it sends the notification indicating the late payment (R16bis.1.d PCT).
A fee for late payment may be required by the RO (R16bis.2.a PCT) for its benefit. This fee for late payment is the maximum of the following two fees :
- 50% of the minimum between :
- the remaining amount to be paid ;
- the international filing fee (R16bis.2.b PCT).
- the amount of the transmission fee.
Penalty
If, despite the notification, the applicant does not pay within the time limits, the international application is considered withdrawn and the RO informs the applicant (A14.3.a PCT together with R16bis.1.c.i PCT together with R27.1 PCT together with R29 PCT).
The payment is considered valid (even if a late fee may be due) if the RO receives the payment before sending the notification from the RO informing the applicant that their application is deemed withdrawn (R16bis.1.e PCT).
Refund of fees
Transmission fee
Nothing in the PCT allows for the transmission fee to be refunded.
Search fee
The search fee is fully refunded if:
- no filing date is granted by the RO (R16.2.i PCT);
- the application is withdrawn or deemed withdrawn before the copy of the application is transmitted to the ISA (R16.2.ii PCT);
- the international application is not treated as such for reasons of national defense (R16.2.iii PCT).
The search fee is partially refunded if:
- a prior search is taken into account for the establishment of the ISR (but the conditions and modalities are set in an agreement binding the ISA and WIPO) (R16.3 PCT) and R41.1 PCT).
The search fee may be partially or fully refunded if:
- the application is withdrawn or deemed withdrawn after the copy of the application is transmitted to the ISA, but before the ISA starts its work (Applicant’s Guide §5.198), but this depends on the provisions applicable to this ISA.
International filing fee
The search fee is fully refunded if:
- no filing date is granted by the RO (R15.4.i PCT);
- the application is withdrawn or deemed withdrawn before the copy of the application is transmitted to the ISA (R15.4.ii PCT);
- the international application is not treated as such for reasons of national defense (R15.4.iii PCT);
Material conditions
The material conditions prescribed by the regulations must be respected (A14.1.a.v PCT), failing which, the application is rejected (A14.1.b PCT).
Request
Form
The request must be established, at choice:
- on a printed form PCT/RO/101 (R3.1 PCT). Copies of this form are provided free of charge (R3.2 PCT);
- on a computer form (R3.1 PCT together with Administrative Instructions 102.h.i);
- using the PCT-EASY software (Administrative Instructions 102.i)
Language
Normally, all elements of the international application must be drafted in the same language.
However, the request must be drafted in a publication language that the RO accepts for this purpose (R12.1.c PCT) among (R48.3.a PCT):
- German, English, Arabic, Chinese, Korean, Spanish, French, Japanese, Portuguese or Russian.
Content of the request
The request contains a petition indicating that the application is processed in accordance with the PCT (A4.1.i PCT and R4.1.a.i PCT) preferably written « The undersigned requests that this international application be processed in accordance with the Patent Cooperation Treaty » (R4.2 PCT).
It must also contain (R4.1.a PCT) :
- the title of the invention ;
- information about the applicant and, where applicable, the representative ;
- information about the inventor, where the national law of at least one designated State requires the disclosure of the inventor’s name when filing a national application.
It must contain, where applicable (R4.1.b PCT) :
- a priority claim ;
- information about a previous search ;
- the mention of a principal application or a principal patent ;
- the indication of the competent authority responsible for the international search chosen by the applicant.
It may contain (R4.1.c PCT) :
- information about the inventor ;
- a request addressed to the RO to establish the priority document and transmit it to the IB (if the priority was filed with the RO) ;
- declarations made to meet national requirements (R4.17 PCT) ;
- a declaration of incorporation by reference (R4.18 PCT) ;
- a request for restoration of the priority right ;
- a declaration that the international application is identical, or practically identical, to the application for which the previous search was carried out (R4.12.ii PCT).
Special case of the form
Normally, the applicant must complete the request form (R3.3 PCT) even if the penalty is minor: if the form is incomplete, the RO must complete it (R3.3.b PCT).
The information that must appear on the form is:
- the total number of sheets of the application
- the number of sheets of each element of this application:
- request,
- description (separately treating any sequence listing),
- claims,
- drawings,
- abstract;
- the fact that is attached:
- a power of attorney
- a copy of a general power of attorney,
- a priority document,
- a sequence listing,
- a document relating to the payment of fees
- any other document;
- the number of the figure that the applicant proposes to publish with the abstract.
Form of the application
The description must begin with the title of the invention as indicated in the request (R5.1.a PCT).
Furthermore, the application must meet certain material conditions (R11 PCT) including:
- being filed in the number of copies prescribed by the RO (R11.1.b PCT);
- allowing reproduction (R11.2 PCT);
- being filed on paper that is « flexible, strong, white, smooth, non-shiny and durable » (R11.3 PCT);
- using white A4 format sheets (R11.5 PCT);
- the margins cannot be less than the following scheme (R11.6 PCT), for the description, claims and abstract:
- the margins cannot be less than the following scheme (R11.6 PCT) for the designs:
- the pages must be numbered consecutively in Arabic numerals, outside the margin, at the top or bottom (R11.7 PCT);
- the line numbers may appear in the right half of the left margin (R11.8 PCT);
- the request, the description, the claims and the abstract must be typed or printed with 1.5 line spacing (R11.9 PCT);
- all texts must be established in characters whose capitals are at least 0.28 cm high (R11.9 PCT).
Specific requirements of the RO
Appointment of a representative
Possibility
The applicant may appoint a representative (who has the right to practice before the RO) to represent them before the RO, the IB, the ISA and the IPEA (A49 PCT together R90.1.a PCT).
If the IB is the RO, any person who could have been a representative for an RO based on the nationality or domicile of an applicant may be a representative before the IB (R83.1bis PCT).
It is also possible to specifically appoint a representative (but this is never mandatory, A27.7 PCT):
- before the ISA (R90.1.b PCT, and who has the right to practice before the ISA),
- before the SISA (R90.1.b-bis PCT, and who has the right to practice before the SISA), or
- before the IPEA (R90.1.c PCT, and who has the right to practice before the IPEA).
Secondary representative
A representative may, in turn, appoint secondary representatives (R90.1.d PCT). This representative must be able to act as a representative before:
- either the RO (R90.1.d.i PCT) and may then act before the RO, the IB, the ISA, the IPEA or the SISA;
- or before the ISA, the IPEA or the SISA (R90.1.d.ii PCT) and may then act before this administration.
Requirement
During the national phase, only the RO may require representation (A27.7 PCT) if its national legislation provides for it.
Designation
In order to designate the representative, it is possible:
- to indicate it in the request (R4.7.a PCT, essential if the RO requires a representative for the filing),
- to provide a separate power of attorney filed with the RO, the IB, the ISA, the IPEA or the SISA (R90.4.b PCT).
The provision of the power of attorney may not be mandatory if the administration has waived this requirement (R90.4.d PCT).
A reference to a general power of attorney may be possible (R90.5.a PCT).
Sanction
There is no sanction in the PCT for a lack of representation, but the RO may apply the sanctions of its national legislation (A27.7 PCT).
Designation of a common representative
In the case of multiple applicants and if no common representative is appointed, it is necessary to designate a common representative (R90.2.a PCT).
If no common representative is designated by the applicants (R90.2.a PCT), the first applicant who is entitled to file an application with the RO is considered the common representative (R90.2.b PCT).
Requirements related to the ISA
Translation
Translation languages
If the filing language of the application is not accepted by the ISA, the applicant must submit a translation of the application in a language that is both:
- a language accepted by the ISA (R12.3.a.i PCT);
- a publication language (R12.3.a.ii PCT) and
- a language accepted by the RO (R12.3.a.iii PCT, unless the filing language is a publication language).
The publication languages are (R48.3.a PCT):
- German, English, Arabic, Chinese, Korean, Spanish, French, Japanese, Portuguese or Russian.
Deadline
This translation must be submitted within 1 month after the filing of the application with the RO (R12.3.a PCT) knowing that:
- a deadline with a surcharge is provided (see below « Notification »);
- a fiction of receipt within the deadlines is provided (see below « Sanction »).
If a Contracting State is elected before the expiration of the 19th month from the priority date, the applicant must submit a copy of the application and a translation to each elected office, as well as pay the national fee, at the latest at the expiration of a period of 30 months from the priority date (A39 PCT).
Notification
When notifying the filing number, the RO invites the applicant to provide, if applicable, this translation:
- within 1 month after the filing of the application with the RO (R12.3.c.i PCT together with R12.3.a PCT) without paying a surcharge;
- within the maximum of the following two deadlines, possibly paying a surcharge (R12.3.c.ii PCT):
- 1 month from the notification;
- 2 months from the filing.
Sanction
If no translation is provided despite the notification, the application is deemed withdrawn (R12.3.d PCT) and the RO declares it.
However, as long as the RO has not yet declared anything and if the 15-month period from the priority has not expired, the submission of the translation and/or the payment of the surcharge will be considered valid (R12.3.d PCT).
Late submission fee
The late submission fee is collected by the RO.
This fee (mentioned above) is 25% of the fixed amount (i.e., excluding the supplement from the 31st page) of the international filing fee (R12.3.e PCT).
Publication requirements
Translation
Translation language
If the filing language of the application is not a publication language, the applicant must submit a translation of the application in a publication language (R12.4.a PCT).
The publication languages are (R48.3.a PCT):
- German,
- English, Arabic, Chinese, Korean, Spanish, French, Japanese, Portuguese, or
- Russian.
Deadline
This translation must be submitted within 14 months from the priority date to the RO (R12.4.a PCT).
Notification
If no translation is submitted within this deadline, the RO invites the applicant to submit this translation within a deadline of 16 months from the priority date (R12.4.c PCT) and to pay a late submission fee.
Sanction
If no translation is provided despite the notification, the application is deemed withdrawn (R12.4.d PCT) and the RO declares it.
However, as long as the RO has not yet declared anything and if the 17-month period from the priority has not expired, the submission of the translation and/or the payment of the surcharge will be considered valid (R12.4.d PCT).
Late submission fee
The late submission fee is collected by the RO.
This fee (mentioned above) is 25% of the fixed amount (i.e., excluding the supplement from the 31st page) of the international filing fee (R12.3.e PCT).
Requirements specific to certain national phases
Designation of inventors
Requirement
For countries whose national legislation requires it (A4.1.v PCT, R51bis.1.a.i PCT, R4.17.i PCT), inventors may be identified at the time of filing in the request by indicating (R4.6.a PCT) :
- their name:
- surname followed by first name (R4.4.a PCT),
- without titles or degrees (R4.19.a PCT).
- their address (which is not necessarily their personal address, PCT Newsletter n°10/2008):
- written to allow proper postal delivery (R4.4.c PCT),
- a telephone or fax number may supplement this address.
When the applicant is also the inventor, it is sufficient to check a box in the request (R4.6.b PCT).
If the legislation of the States differs on how to identify the inventors, it is possible to mention several groups of inventors depending on the States (R4.6.c PCT).
Sanction
There is no sanction (A4.4 PCT), whether this information is required or not by national legislation.
This requirement simply allows this information to be provided after the filing (A4.4 PCT), but it remains possible to satisfy this requirement during the national phase entry (A22.1 PCT).
Special case of the US
Before March 16, 2013, it was mandatory to mention the inventors, as the applicants were the same for the US phase.
Correction of an erroneous designation of the inventor
If the applicant wishes to correct the designations of the inventors, it is necessary to submit a request for change to the IB or the RO which transmits it to the IB (R92bis.1.a.ii PCT), the request must reach the IB within a period of 30 months from the priority (R92bis.1.b PCT).
Declaration concerning the applicant’s right to file an application
This declaration is provided for by R51bis.1.a.ii PCT and R4.17.ii PCT.
Declaration concerning the applicant’s right to claim priority
This declaration is provided for by R51bis.1.a.iii PCT and R4.17.iii PCT.
Declaration concerning the inventor’s status
This declaration is provided for by A27.3 PCT, R51bis.1.a.iv PCT and R4.17.iv PCT.
It applies for the purposes of the designation of the US.
It must be signed (R4.17.iv PCT).
Declaration concerning non-prejudicial disclosures
This declaration is provided for by R51bis.1.a.v PCT and R4.17.v PCT.
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