Principle
Any document submitted after the filing of the international application to an international authority must:
- be accompanied by a letter indicating the relevant international application (R92.1.a PCT).
Any letter submitted after the filing of the application to an international authority must:
- be signed (R92.1.a PCT).
In case of failure to comply with this requirement, a notification is sent to the applicant, granting a time limit (between 10 days and 1 month) to correct the issue (even if this exceeds the initially applicable deadline, R92.1.b PCT).
Language
RO, ISA, IPEA
Normally, letters and documents sent to the RO, ISA, or IPEA must be drafted (R92.2.a PCT):
- in the language of the international application;
- or, where applicable, in the language of the translation provided for the purposes of search, publication, or examination.
Letters and documents sent to the ISA or IPEA may be drafted (R92.2.b PCT):
- in any language accepted by that authority.
IB
Letters and documents sent to the IB must be drafted (R92.2.d PCT):
- only in English if the international application is in English (see Administrative Instructions 104.b),
- only in French if the international application is in French (see Administrative Instructions 104.b),
- otherwise, in English or French.
Filing and Exchange Methods
Submission by the Competent Authority
By Postal Mail
This is the « classic » method.
If the letter triggers a deadline, it must be sent by airmail unless (R92.3 PCT):
- surface or sea mail normally arrives within two days,
- no airmail service is available.
By Email
If permitted by the competent authority, letters submitted by that authority may also be sent by email (even if the paper letter is the only legally valid version, PCT Newsletter No. 5/2008).
However, the applicant may indicate a preference to receive communications only by email (to the extent accepted by the competent authority): the response deadline then begins from the date of the email transmission (PCT Newsletter No. 1/2010 and PCT Newsletter No. 4/2010).
Submission by the Applicant
Filing by Postal Mail
The applicant may send any correspondence to the competent authority by postal mail (implicit in R82.1 PCT).
Filing by Facsimile
Principle
Any document may be sent by facsimile (or other similar means resulting in a printed or written document, R92.4 PCT) if:
- the competent authority permits it (R92.4.a PCT and R92.4.h PCT), and
- when requested by that authority (possibly in specific cases R92.4.f PCT), the original is submitted to it within a period of 14 days (R92.4.d PCT).
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
It is possible to file any document (except powers of attorney and priority documents) by facsimile (“Decision of the President of the European Patent Office, dated 20 February 2019, on the filing of patent applications and other documents by telefax”, OJ 2019, A18, in accordance with R92.4.d PCT).
The EPO may invite the applicant to provide a paper confirmation of documents sent by facsimile within a period of 2 months (and not 14 days as indicated above).
If the applicant fails to comply with this invitation, the facsimile is deemed not to have been received.
Electronic filing
Electronic means
Any document may be filed in electronic format (R89bis.2 PCT together with R89bis.1.a PCT) if the competent authority accepts this type of filing (R89bis.2 PCT together with R89bis.1.d PCT).
The filing must then comply with the Administrative Instructions, Chapter 7 and Annex F of the Administrative Instructions.
ePCT
This filing method allows for filing via a web interface if the RO is the IB (link to the website).
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 competent authority accepts it.
The EPO no longer accepts PCT-EASY-type filings as of 1 April 2007 (OJ 2007, 58).
PCT-SAFE
WIPO has developed software enabling online electronic filings (link to the website) with the IB and, where applicable, other ROs accepting it.
Submission by e-mail
It is not possible for the applicant to communicate with an authority by e-mail (PCT Newsletter No. 4/2009), even to respond to an existing e-mail (e.g., sent by that authority, see above).