International Publication
Cases of Non-Publication
The international application is published by the IB except:
- if no filing date is accorded by the RO (R20.4 PCT);
- if the application is withdrawn or deemed withdrawn before the completion of the technical preparations for publication (A21.5 PCT);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 reservation having been made by that country).
Completion of Technical Preparations
The technical preparations for publication are generally completed 15 days before the publication date (applicant’s guide §9.013).
Date of International Publication
Standard Timeframe
Publication of the application occurs after the expiration of a period of 18 months from the priority date (A21.1 PCT).
This publication generally occurs on a Thursday.
Early Publication
The application is published early by the IB if the applicant so requests (A21.2.b PCT, early publication or A64.3.c.i PCT, despite the reservations of the USA).
A special official fee is charged by the IB if the ISR is not yet available (R48.4.a PCT): 200 Swiss francs (administrative instructions 113.a).
Content and Form of Publication
Content
The publication includes:
- the international application (R48.2.a.i PCT to R48.2.a.iv PCT);
- the ISR if available (R48.2.a.v PCT);
- any amendments made after receipt of the ISR under A19 PCT (R48.2.a.vi PCT and R48.2.f PCT);
- etc.
If the time limit for amending the claims has not expired, the publication notes this fact and any amendments will be published later (R48.2.h PCT).
If the ISR is not yet available, the publication notes this fact and the ISR will be published when available (R48.2.g PCT).
Form of Publication
The form of publication is set out in the administrative instructions 406 (exclusively in electronic form, see PCT Newsletter No. 3/2006).
The IB does not send a paper copy of the publication unless the applicant requests it (free of charge, PCT Newsletter No. 3/2006).
Publication Number
Each international application is assigned a publication number consisting of the code WO followed by the year and a sequence number (administrative instructions 404).
PCT Gazette
At the same time as the application is published, the gazette notes this fact (A55.4 PCT) with certain details (administrative instructions 407).
The gazette is published in electronic form (R86.2.c PCT together with administrative instructions 407.a).
The gazette is published in French and English (R86.2.a PCT).
Language of Publication
Filing in a publication language
If the international application is filed in a publication language, this application is filed in that language (A21.4 PCT and R48.3.a PCT).
The publication languages are (R48.3.a PCT):
- German,
- English,
- Arabic,
- Chinese,
- Korean,
- Spanish,
- French,
- Japanese,
- Portuguese or
- Russian.
Certain elements are translated by the IB:
- the title and the abstract are translated into English (R48.3.c PCT) and into French (R86.1.i PCT as published in the gazette which is in these two languages);
- the ISR is translated into English (R48.3.c PCT and R45.1 PCT).
Filing in a language other than a publication language
Language accepted by the ISA
In this situation, the applicant must file a translation in a publication language accepted for this purpose by the RO (R12.4 PCT).
Publication will then take place only in this translation language (A21.4 PCT together with R48.3.b PCT).
Language not accepted by the ISA
In this situation, the applicant must file a translation in a publication language accepted by the ISA (R12.3 PCT).
Publication will then take place only in this translation language (A21.4 PCT together with R48.3.b PCT).
Effect of publication and provisional protection
The PCT provides provisional protection for the application from its publication, equivalent to the protection granted by national law to an unexamined national application (A29.1 PCT).
This provisional protection may be subject to: