Regulations under the Patent Cooperation Treaty

Rule 1. Abbreviated Expressions

1.1 Meaning of Abbreviated Expressions

 

Rule 2. Interpretation of Certain Words

2.1 “Applicant”

2.2 “Agent”

2.2bis “Common Representative”

2.3 “Signature”

2.4 “Priority Period”

 

Rule 3. The Request (Form)

3.1 Form of Request

3.2 Availability of Forms

3.3 Check List

3.4 Particulars

 

Rule 4. The Request (Contents)

4.1 Mandatory and Optional Contents; Signature

4.2 The Petition

4.3 Title of the Invention

4.4 Names and Addresses

4.5 The Applicant

4.6 The Inventor

4.7 The Agent

4.8 Common Representative

4.9 Designation of States; Kinds of Protection; National and Regional Patents

4.10 Priority Claim

4.11 Reference to Continuation or Continuation-in-Part, or Parent Application or Grant

4.12 Taking into Account Results of Earlier Search

4.13 [Vervallen.]

4.14 [Vervallen.]

4.14bis Choice of International Searching Authority

4.15 Signature

4.16 Transliteration or Translation of Certain Words

4.17 Declarations Relating to National Requirements Referred to in Rule 51bis.1.a)(i) to (v)

4.18 Statement of Incorporation by Reference

4.19 Additional Matter

 

Rule 5. The Description

5.1 Manner of the Description

5.2 Nucleotide and/or Amino Acid Sequence Disclosure

 

Rule 6. The Claims

6.1 Number and Numbering of Claims

6.2 References to Other Parts of the International Application

6.3 Manner of Claiming

6.4 Dependent Claims

6.5 Utility Models

 

Rule 7. The Drawings

7.1 Flow Sheets and Diagrams

7.2 Time Limit

 

Rule 8. The Abstract

8.1 Contents and Form of the Abstract

8.2 Figure

8.3 Guiding Principles in Drafting

 

Rule 9. Expressions, Etc., Not To Be Used

9.1 Definition

9.2 Noting of Lack of Compliance

9.3 Reference to Article 21(6)

 

Rule 10. Terminology and Signs

10.1 Terminology and Signs

10.2 Consistency

 

Rule 11. Physical Requirements of the International Application

11.1 Number of Copies

11.2 Fitness for Reproduction

11.3 Material to be Used

11.4 Separate Sheets, Etc.

11.5 Size of Sheets

11.6 Margins

11.7 Numbering of Sheets

11.8 Numbering of Lines

11.9 Writing of Text Matter

11.10 Drawings; Formulae, and Tables, in Text Matter

11.11 Words in Drawings

11.12 Alterations, Etc.

11.13 Special Requirements for Drawings

11.14 Later Documents

 

Rule 12. Language of the International Application and Translations for the Purposes of International Search and International Publication

12.1 Languages Accepted for the Filing of International Applications

12.1bis Language of Elements and Parts Furnished under Rule 20.3, 20.5 or 20.6

12.1ter Language of Indications Furnished under Rule 13bis.4

12.2 Language of Changes in the International Application

12.3 Translation for the Purposes of International Search

12.4 Translation for the Purposes of International Publication

 

Rule 12bis. Submission by the Applicant of Documents Relating to Earlier Search

12bis.1 Furnishing by the Applicant of Documents Related to Earlier Search in Case of Request under Rule 4.12

12bis.2 Invitation by the International Searching Authority to Furnish Documents Related to Earlier Search in Case of Request under Rule 4.12

 

Rule 13. Unity of Invention

13.1 Requirement

13.2 Circumstances in Which the Requirement of Unity of Invention Is to Be Considered Fulfilled

13.3 Determination of Unity of Invention Not Affected by Manner of Claiming

13.4 Dependent Claims

13.5 Utility Models

 

Rule 13bis. Inventions Relating to Biological Material

13bis.1 Definition

13bis.2 References (General)

13bis.3 References: Contents; Failure to Include Reference or Indication

13bis.4 References: Time Limit for Furnishing Indications

13bis.5 References and Indications for the Purposes of One or More Designated States; Different Deposits for Different Designated States; Deposits with Depositary Institutions Other than Those Notified

13bis.6 Furnishing of Samples

13bis.7 National Requirements: Notification and Publication

 

Rule 13ter. Nucleotide and/or Amino Acid Sequence Listings

13ter.1 Procedure Before the International Searching Authority

13ter.2 Procedure Before the International Preliminary Examining Authority

13ter.3 Sequence Listing for Designated Office

 

Rule 14. The Transmittal Fee

14.1 The Transmittal Fee

 

Rule 15. The International Filing Fee

15.1 The International Filing Fee

15.2 Amount

15.3 Time Limit for Payment; Amount Payable

15.4 Refund

 

Rule 16. The Search Fee

16.1 Right to Ask for a Fee

16.2 Refund

16.3 Partial Refund

 

Rule 16bis. Extension of Time Limits for Payment of Fees

16bis.1 Invitation by the Receiving Office

16bis.2 Late Payment Fee

 

Rule 17. The Priority Document

17.1 Obligation to Submit Copy of Earlier National or International Application

17.2 Availability of Copies

 

Rule 18. The Applicant

18.1 Residence and Nationality

18.2 [Vervallen.]

18.3 Two or More Applicants

18.4 Information on Requirements Under National Law as to Applicants

 

Rule 19. The Competent Receiving Office

19.1 Where to File

19.2 Two or More Applicants

19.3 Publication of Fact of Delegation of Duties of Receiving Office

19.4 Transmittal to the International Bureau as Receiving Office

 

Rule 20. International Filing Date

20.1 Determination under Article 11(1)

20.2 Positive Determination under Article 11(1)

20.3 Defects under Article 11(1)

20.4 Negative Determination under Article 11(1)

20.5 Missing Parts

20.6 Confirmation of Incorporation by Reference of Elements and Parts

20.7 Time Limit

20.8 Incompatibility with National Laws

 

Rule 21. Preparation of Copies

21.1 Responsibility of the Receiving Office

21.2 Certified Copy for the Applicant

 

Rule 22. Transmittal of the Record Copy and Translation

22.1 Procedure

22.2 [Vervallen.]

22.3 Time Limit under Article 12(3)

 

Rule 23. Transmittal of the Search Copy, Translation and Sequence Listing

23.1 Procedure

 

Rule 23bis. Transmittal of Documents Relating to Earlier Search or Classification

23bis.1 Transmittal of Documents Relating to Earlier Search in Case of Request under Rule 4.12

23bis.2 Transmittal of Documents Relating to Earlier Search or Classification for the Purposes of Rule 41.2

 

Rule 24. Receipt of the Record Copy by the International Bureau

24.1 [Vervallen.]

24.2 Notification of Receipt of the Record Copy

 

Rule 25. Receipt of the Search Copy by the International Searching Authority

25.1 Notification of Receipt of the Search Copy

 

Rule 26. Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application

26.1 Invitation under Article 14(1)b) to Correct

26.2 Time Limit for Correction

26.2bis Checking of Requirements Under Article 14(1)a)(i) and (ii)

26.3 Checking of Physical Requirements Under Article 14(1)a)(v)

26.3bis Invitation Under Article 14(1)b) to Correct Defects Under Rule 11

26.3ter Invitation to Correct Defects under Article 3(4)(i)

26.4 Procedure

26.5 Decision of the Receiving Office

 

Rule 26bis. Correction or Addition of Priority Claim

26bis.1 Correction or Addition of Priority Claim

26bis.2 Defects in Priority Claims

26bis.3 Restoration of Right of Priority by Receiving Office

 

Rule 26ter. Correction or Addition of Declarations Under Rule 4.17

26ter.1 Correction or Addition of Declarations

26ter.2 Processing of Declarations

 

Rule 27. Lack of Payment of Fees

27.1 Fees

 

Rule 28. Defects Noted by the International Bureau

28.1 Note on Certain Defects

 

Rule 29. International Applications Considered Withdrawn

29.1 Finding by Receiving Office

29.2 [Vervallen.]

29.3 Calling Certain Facts to the Attention of the Receiving Office

29.4 Notification of Intent to Make Declaration under Article 14(4)

 

Rule 30. Time Limit under Article 14(4)

30.1 Time Limit

 

Rule 31. Copies Required under Article 13

31.1 Request for Copies

31.2 Preparation of Copies

 

Rule 32. Extension of Effects of International Application to Certain Successor States

32.1 Extension of International Application to Successor State

32.2 Effects of Extension to Successor State

 

Rule 33. Relevant Prior Art for the International Search

33.1 Relevant Prior Art for the International Search

33.2 Fields to be Covered by the International Search

33.3 Orientation of the International Search

 

Rule 34. Minimum Documentation

34.1 Definition

 

Rule 35. The Competent International Searching Authority

35.1 When Only One International Searching Authority is Competent

35.2 When Several International Searching Authorities are Competent

35.3 When the International Bureau Is Receiving Office Under Rule 19.1(a)(iii)

 

Rule 36. Minimum Requirements for International Searching Authorities

36.1 Definition of Minimum Requirements

 

Rule 37. Missing or Defective Title

37.1 Lack of Title

37.2 Establishment of Title

 

Rule 38. Missing or Defective Abstract

38.1 Lack of Abstract

38.2 Establishment of Abstract

38.3 Modification of Abstract

 

Rule 39. Subject Matter under Article 17(2) (a) (i)

39.1 Definition

 

Rule 40. Lack of Unity of Invention (International Search)

40.1 Invitation to Pay Additional Fees; Time Limit

40.2 Additional Fees

 

Rule 41. Taking into Account Results of Earlier Search

41.1 Taking into Account Results of Earlier Search in Case of a Request under Rule 4.12

41.2 Taking into Account Results of Earlier Search and Classification in Other Cases

 

Rule 42. Time Limit for International Search

42.1 Time Limit for International Search

 

Rule 43. The International Search Report

43.1 Identifications

43.2 Dates

43.3 Classification

43.4 Language

43.5 Citations

43.6 Fields Searched

43.6bis Consideration of Rectifications of Obvious Mistakes

43.7 Remarks Concerning Unity of Invention

43.8 Authorized Officer

43.9 Additional Matter

43.10 Form

 

Rule 43bis. Written Opinion of the International Searching Authority

43bis.1 Written Opinion

 

Rule 44. Transmittal of the International Search Report, Written Opinion, Etc.

44.1 Copies of Report or Declaration and Written Opinion

44.2 Title or Abstract

44.3 Copies of Cited Documents

 

Rule 44bis. International Preliminary Report on Patentability by the International Searching Authority

44bis.1 Issuance of Report; Transmittal to the Applicant

44bis.2 Communication to Designated Offices

44bis.3 Translation for Designated Offices

44bis.4 Observations on the Translation

 

Rule 44ter. Confidential Nature of Written Opinion, Report, Translation and Observations

[Vervallen per 01-07-2014]

 

Rule 45. Translation of the International Search Report

45.1 Languages

 

Rule 45bis. Supplementary International Searches

45bis.1 Supplementary Search Request

45bis.2 Supplementary Search Handling Fee

45bis.3 Supplementary Search Fee

45bis.4 Checking of Supplementary Search Request; Correction of Defects; Late Payment of Fees; Transmittal to Authority Specified for Supplementary Search

45bis.5 Start, Basis and Scope of Supplementary International Search

45bis.6 Unity of Invention

45bis.7 Supplementary International Search Report

45bis.8 Transmittal and Effect of the Supplementary International Search Report

45bis.9 International Searching Authorities Competent to Carry Out Supplementary International Search

 

Rule 46. Amendment of Claims before the International Bureau

46.1 Time Limit

46.2 Where to File

46.3 Language of Amendments

46.4 Statement

46.5 Form of Amendments

 

Rule 47. Communication to Designated Offices

47.1 Procedure

47.2 Copies

47.3 Languages

47.4 Express Request Under Article 23(2) Prior to International Publication

 

Rule 48. International Publication

48.1 Form and Means

48.2 Contents

48.3 Languages of Publication

48.4 Earlier Publication on the Applicant's Request

48.5 Notification of National Publication

48.6 Announcing of Certain Facts

 

Rule 49. Copy, Translation and Fee Under Article 22

49.1 Notification

49.2 Languages

49.3 Statements under Article 19; Indications under Rule 13bis.4

49.4 Use of National Form

49.5 Contents of and Physical Requirements for the Translation

49.6 Reinstatement of Rights After Failure to Perform the Acts Referred to in Article 22

 

Rule 49bis. Indications as to Protection Sought for Purposes of National Processing

49bis.1 Choice of Certain Kinds of Protection

49bis.2 Time of Furnishing Indications

 

Rule 49ter. Effect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority by Designated Office

49ter.1 Effect of Restoration of Right of Priority by Receiving Office

49ter.2 Restoration of Right of Priority by Designated Office

 

Rule 50. Faculty under Article 22(3)

50.1 Exercise of Faculty

 

Rule 51. Review by Designated Offices

51.1 Time Limit for Presenting the Request to Send Copies

51.2 Copy of the Notification

51.3 Time Limit for Paying National Fee and Furnishing Translation

 

Rule 51bis. Certain National Requirements Allowed under Article 27

51bis.1 Certain National Requirements Allowed

51bis.2 Certain Circumstances in Which Documents or Evidence May Not Be Required

51bis.3 Opportunity to Comply with National Requirements

 

Rule 52. Amendment of the Claims, the Description, and the Drawings, Before Designated Offices

52.1 Time Limit

 

Rule 53. The Demand

53.1 Form

53.2 Contents

53.3 The Petition

53.4 The Applicant

53.5 Agent or Common Representative

53.6 Identification of the International Application

53.7 Election of States

53.8 Signature

53.9 Statement Concerning Amendments

 

Rule 54. The Applicant Entitled to Make a Demand

54.1 Residence and Nationality

54.2 Right to Make a Demand

54.3 International Applications Filed with the International Bureau as Receiving Office

54.4 Applicant Not Entitled to Make a Demand

 

Rule 54bis. Time Limit for Making a Demand

54bis.1 Time Limit for Making a Demand

 

Rule 55. Languages (International Preliminary Examination)

55.1 Language of Demand

55.2 Translation of International Application

55.3 Language and Translation of Amendments and Letters

 

Rule 56. Later Elections [vervallen]

 

Rule 57. The Handling Fee

57.1 Requirement to Pay

57.2 Amount

57.3 Time Limit for Payment; Amount Payable

57.4 Refund

 

Rule 58. The Preliminary Examination Fee

58.1 Right to Ask for a Fee

58.2 [Vervallen.]

58.3 Refund

 

Rule 58bis. Extension of Time Limits for Payment of Fees

58bis.1 Invitation by the International Preliminary Examining Authority

58bis.2 Late Payment Fee

 

Rule 59. The Competent International Preliminary Examining Authority

59.1 Demands under Article 31(2)(a)

59.2 Demands under Article 31(2)(b)

59.3 Transmittal of the Demand to the Competent International Preliminary Examining Authority

 

Rule 60. Certain Defects in the Demand

60.1 Defects in the Demand

 

Rule 61. Notification of the Demand and Elections

61.1 Notification to the International Bureau and the Applicant

61.2 Notification to the Elected Offices

61.3 Information for the Applicant

61.4 Publication in the Gazette

 

Rule 62. Copy of the Written Opinion by the International Searching Authority and of Amendments under Article 19 for the International Preliminary Examining Authority

62.1 Copy of Written Opinion by International Searching Authority and of Amendments Made before the Demand Is Filed

62.2 Amendments Made after the Demand Is Filed

 

Rule 62bis. Translation for the International Preliminary Examining Authority of the Written Opinion of the International Searching Authority

62bis.1 Translation and Observations

 

Rule 63. Minimum Requirements for International Preliminary Examining Authorities

63.1 Definition of Minimum Requirements

 

Rule 64. Prior Art for International Preliminary Examination

64.1 Prior Art

64.2 Non-Written Disclosures

64.3 Certain Published Documents

 

Rule 65. Inventive Step or Non-Obviousness

65.1 Approach to Prior Art

65.2 Relevant Date

 

Rule 66. Procedure Before the International Preliminary Examining Authority

66.1 Basis of the International Preliminary Examination

66.1bis Written Opinion of the International Searching Authority

66.1ter Top-up Searches

66.2 Written Opinion of the International Preliminary Examining Authority

66.3 Formal Response to the International Preliminary Examining Authority

66.4 Additional Opportunity for Submitting Amendments or Arguments

66.4bis Consideration of Amendments, Arguments and Rectifications of Obvious Mistakes

66.5 Amendment

66.6 Informal Communications with the Applicant

66.7 Copy and Translation of Earlier Application Whose Priority is Claimed

66.8 Form of Amendments

 

Rule 67. Subject Matter under Article 34(4) (a) (i)

67.1 Definition

 

Rule 68. Lack of Unity of Invention (International Preliminary Examination)

68.1 No Invitation to Restrict or Pay

68.2 Invitation to Restrict or Pay

68.3 Additional Fees

68.4 Procedure in the Case of Insufficient Restriction of the Claims

68.5 Main Invention

 

Rule 69. Start of and Time Limit for International Preliminary Examination

69.1 Start of International Preliminary Examination

69.2 Time Limit for International Preliminary Examination

 

Rule 70. International preliminary Report on Patentability by the International Preliminary Examining Authority (International Examination Report)

70.1 Definition

70.2 Basis of the Report

70.3 Identifications

70.4 Dates

70.5 Classification

70.6 Statement under Article 35(2)

70.7 Citations Under Article 35(2)

70.8 Explanations under Article 35(2)

70.9 Non-Written Disclosures

70.10 Certain Published Documents

70.11 Mention of Amendments

70.12 Mention of Certain Defects and Other Matters

70.13 Remarks Concerning Unity of Invention

70.14 Authorized Officer

70.15 Form; Title

70.16 Annexes to the Report

70.17 Languages of the Report and the Annexes

 

Rule 71. Transmittal of the International Preliminary Examination Report

71.1 Recipients

71.2 Copies of Cited Documents

 

Rule 72. Translation of the International Preliminary Examination Report and of the Written Opinion of the International Searching Authority

72.1 Languages

72.2 Copy of Translation for the Applicant

72.2bis Translation of the Written Opinion of the International Searching Authority Established Under Rule 43bis.1

72.3 Observations on the Translation

 

Rule 73. Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority

73.1 Preparation of Copies

73.2 Communication to Elected Offices

 

Rule 74. Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof

74.1 Contents of Translation and Time Limit for Transmittal Thereof

 

Rule 75. Withdrawal of the Demand, or of Elections [vervallen]

 

Rule 76. Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices

76.1 [ Vervallen.]

76.2 [ Vervallen.]

76.3 [ Vervallen.]

76.4 Time Limit for Translation of priority Document

76.5 Application of Certain Rules to Procedures before Elected Office

 

Rule 77. Faculty under Article 39(1)(b)

77.1 Exercise of Faculty

 

Rule 78. Amendment of the Claims, the Description, and the Drawings, Before Elected Offices

78.1 Time Limit

78.2 [Vervallen.]

78.3 Utility Models

 

Rule 79. Calendar

79.1 Expressing Dates

 

Rule 80. Computation of Time Limits

80.1 Periods Expressed in Years

80.2 Periods Expressed in Months

80.3 Periods Expressed in Days

80.4 Local Dates

80.5 Expiration on a Non-Working Day or Official Holiday

80.6 Date of Documents

80.7 End of Working Day

 

Rule 81. Modification of Time Limits Fixed in the Treaty

81.1 Proposal

81.2 Decision by the Assembly

81.3 Voting by Correspondence

 

Rule 82. Irregularities in the Mail Service

82.1 Delay or Loss in Mail

82.2 [Vervallen.]

 

Rule 82bis. Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits

82bis.1 Meaning of “Time Limit” in Article 48(2)

82bis.2 Reinstatement of Rights and Other Provisions to which Article 48(2) Applies

 

Rule 82ter. Rectification of Errors Made by the Receiving Office or by the International Bureau

82ter.1 Errors concerning the International Filing Date and the Priority Claim

 

Rule 82quater. Excuse of Delay in Meeting Time Limits

82quater.1 Excuse of Delay in Meeting Time Limits

 

Rule 83. Right to Practice Before International Authorities

83.1 Proof of Right

83.1bis Where the International Bureau Is the Receiving Office

83.2 Information

 

Rule 84. Expenses of Delegations

84.1 Expenses Borne by Governments

 

Rule 85. Absence of Quorum in the Assembly

85.1 Voting by Correspondence

 

Rule 86. The Gazette

86.1 Contents

86.2 Languages; Form and Means of Publication; Timing

86.3 Frequency

86.4 Sale

86.5 Title

86.6 Further Details

 

Rule 87. Communication of Publications

87.1 Communication of Publications on Request

 

Rule 88. Amendment of the Regulations

88.1 Requirement of Unanimity

88.2 [Vervallen.]

88.3 Requirement of Absence of Opposition by Certain States

88.4 Procedure

 

Rule 89. Administrative Instructions

89.1 Scope

89.2 Source

89.3 Publication and Entry Into Force

 

Rule 89bis. Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means

89bis.1 International Applications

89bis.2 Other Documents

89bis.3 Communication Between Offices

 

Rule 89ter. Copies in Electronic Form of Documents Filed on Paper

89ter.1 Copies in Electronic Form of Documents Filed on Paper

 

Rule 90. Agents and Common Representatives

90.1 Appointment as Agent

90.2 Common Representative

90.3 Effects of Acts by or in Relation to Agents and Common Representatives

90.4 Manner of Appointment of Agent or Common Representative

90.5 General Power of Attorney

90.6 Revocation and Renunciation

 

Rule 90bis. Withdrawals

90bis.1 Withdrawal of the International Application

90bis.2 Withdrawal of Designations

90bis.3 Withdrawal of Priority Claims

90bis3bis. Withdrawal of Supplementary Search Request

90bis.4 Withdrawal of the Demand, or of Elections

90bis.5 Signature

90bis.6 Effect of Withdrawal

90bis.7 Faculty under Article 37(4)(b)

 

Rule 91. Rectification of Obvious Mistakes in the International Application and Other Documents

91.1 Rectification of Obvious Mistakes

91.2 Requests for Rectification

91.3 Authorization and Effect of Rectifications

 

Rule 92. Correspondence

92.1 Need for Letter and for Signature

92.2 Languages

92.3 Mailings by National Offices and Intergovernmental Organizations

92.4 Use of Telegraph, Teleprinter, Facsimile Machine, Etc.

 

Rule 92bis. Recording of Changes in Certain Indications in the Request or the Demand

92bis.1 Recording of Changes by the International Bureau

 

Rule 93. Keeping of Records and Files

93.1 The Receiving Office

93.2 The International Bureau

93.3 The International Searching and Preliminary Examining Authorities

93.4 Reproductions

 

Rule 93bis. Manner of Communication of Documents

93bis.1 Communication on Request; Communication via Digital Library

 

Rule 94. Access to Files

94.1 Access to the File Held by the International Bureau

94.1bis Access to the File Held by the Receiving Office

94.1ter Access to the File Held by the International Searching Authority

94.2 Access to the File Held by the International Preliminary Examining Authority

94.2bis Access to the File Held by the Designated Office

94.3 Access to the File Held by the Elected Office

 

Rule 95. Information and Translations from Designated and Elected Offices

95.1 Information Concerning Events at the Designated and Elected Offices

95.2 Furnishing of Copies of Translations

 

Rule 96. The Schedule of Fees

96.1 Schedule of Fees Annexed to Regulations

 

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Text in force at 06-01-2019. The text can be verified at overheid.nl.