Regulations under the Patent Cooperation Treaty (PCT)
(as in force from April 1, 2005)

Transitional Arrangements

For further details concerning amendments and modifications to the PCT Treaty and PCT Regulations, and for access to decisions of the Assembly of the International Patent Cooperation Union (PCT Assembly) concerning their entry into force and transitional arrangements, reference should be made to the relevant reports of the PCT Assembly available from the International Bureau or via the WIPO website at: www.wipo.int/pct/en/meetings/assemblies/reports.htm. Details of transitional arrangements adopted in respect of selected amendments and modifications, where it appears that those arrangements are likely to be applicable to a significant number of international applications at the time of publication of the present text, are outlined in the Editor’s Notes.

TABLE OF CONTENTS:

Short Table of Contents:

Part A:       Introductory Rules

Rule 1: Abbreviated Expressions
Rule 2: Interpretation of Certain Words

Part B:       Rules Concerning Chapter I of the PCT Treaty

Rule 3: The Request (Form)
Rule 4: The PCT Request (Contents)
Rule 5: The Description
Rule 6: The PCT Claims
Rule 7: The Drawings
Rule 8: The Abstract
Rule 9: Expressions, Etc., Not to Be Used
Rule 10: Terminology and Signs
Rule 11: Physical Requirements of the International Application
Rule 12: Language of the International Application and Translation for the Purposes of International Search and International Publication
Rule 13: Unity of Invention
Rule 13bis: Inventions Relating to Biological Material
Rule 13ter: Nucleotide and/or Amino Acid Sequence Listings
Rule 14: The Transmittal Fee
Rule 15: The International Filing Fee
Rule 16: The Search Fee
Rule 16bis: Extension of Time Limits for Payment of Fees
Rule 17: The Priority Document
Rule 18: The Applicant
Rule 19:  The Competent Receiving Office
Rule 20: Receipt of the International Application
Rule 21: Preparation of Copies
Rule 22: Transmittal of the Record Copy and Translation
Rule 23: Transmittal of the Search Copy, Translation and Sequence Listing
Rule 24: Receipt of the Record Copy by the International Bureau
Rule 25: Receipt of the Search Copy by the International Searching Authority
Rule 26: Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
Rule 26bis: Correction or Addition of Priority Claim
Rule 26ter: Correction or Addition of Declarations under Rule 4.17
Rule 27: Lack of Payment of Fees
Rule 28: Defects Noted by the International Bureau
Rule 29: International Applications Considered Withdrawn
Rule 30 : Time Limit under Article 14(4)
Rule 31: Copies Required under Article 13
Rule 32: Extension of Effects of International Application to Certain Successor States
Rule 33: Relevant Prior Art for the International Search
Rule 34: Minimum Documentation
Rule 35: The Competent International Searching Authority
Rule 36: Minimum Requirements for International Searching Authorities
Rule 37: Missing or Defective Title
Rule 38: Missing or Defective Abstract
Rule 39: Subject Matter under Article 17(2)(a)(i)
Rule 40: Lack of Unity of Invention (International Search)
Rule 41: Earlier Search Other than International Search
Rule 42: Time Limit for International Search
Rule 43: The International Search Report
Rule 43bis: Written Opinion of the International Searching Authority
Rule 44: Transmittal of the International Search Report, Written Opinion, Etc.
Rule 44bis: International Preliminary Report on Patentability by the International Searching Authority
Rule 44ter: Confidential Nature of Written Opinion, Report, Translation and Observations
Rule 45: Translation of the International Search Report
Rule 46: Amendment of Claims before the International Bureau
Rule 47: Communication to Designated Offices
Rule 48 : International Publication
Rule 49: Copy, Translation and Fee under Article 22
Rule 49bis : Indications as to Protection Sought for Purposes of National Processing
Rule 50: Faculty under Article 22(3)
Rule 51: Review by Designated Offices
Rule 51bis: Certain National Requirements Allowed under Article 27
Rule 52: Amendment of the Claims, the Description, and the Drawings, before Designated Offices

Part C:       Rules Concerning Chapter II of the Treaty

Rule 53: The Demand
Rule 54: The Applicant Entitled to Make a Demand
Rule 54bis: Time Limit for Making a Demand
Rule 55: Languages (International Preliminary Examination)
Rule 56: [Deleted]
Rule 57: The Handling Fee
Rule 58: The Preliminary Examination Fee
Rule 58bis: Extension of Time Limits for Payment of Fees
Rule 59: The Competent International Preliminary Examining Authority
Rule 60: Certain Defects in the Demand
Rule 61: Notification of the Demand and Elections
Rule 62:   Copy of the Written Opinion by the International Searching Authority and of Amendments under Article 19 for the International Preliminary Examining Authority
Rule 62bis: Translation for the International Preliminary Examining Authority of the Written Opinion of the International Searching Authority
Rule 63: Minimum Requirements for International Preliminary Examining Authorities
Rule 64: Prior Art for International Preliminary Examination
Rule 65: Inventive Step or Non-Obviousness
Rule 66: Procedure before the International Preliminary Examining Authority
Rule 67: Subject Matter under Article 34(4)(a)(i)
Rule 68: Lack of Unity of Invention (International Preliminary Examination)
Rule 69: Start of and Time Limit for International Preliminary Examination
Rule 70: International Preliminary Report on Patentability by the International Preliminary Examining Authority (International Preliminary Examination Report)
Rule 71: Transmittal of the International Preliminary Examination Report
Rule 72: Translation of the International Preliminary Examination Report and of the Written Opinion of the International Searching Authority
Rule 73: Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority
Rule 74: Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof
Rule 75: [Deleted]
Rule 76: Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices
Rule 77: Faculty under Article 39(1)(b)
Rule 78: Amendment of the Claims, the Description, and the Drawings, before Elected Offices

Part D: Rules Concerning Chapter III of the Treaty

Rule 79: Calendar
Rule 80: Computation of Time Limits
Rule 81: Modification of Time Limits Fixed in the Treaty
Rule 82: Irregularities in the Mail Service
Rule 82bis: Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits
Rule 82ter: Rectification of Errors Made by the Receiving Office or by the International Bureau
Rule 83: Right to Practice before International Authorities

Part E:  Rules Concerning Chapter V of the Treaty

Rule 84: Expenses of Delegations
Rule 85: Absence of Quorum in the Assembly
Rule 86: The Gazette
Rule 87: Copies of Publications
Rule 88: Amendment of the Regulations
Rule 89: Administrative Instructions

Part F:       Rules Concerning Several Chapters of the Treaty

Rule 89bis: Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means
Rule 89ter: Copies in Electronic Form of Documents Filed on Paper
Rule 90: Agents and Common Representatives
Rule 90bis: Withdrawals
Rule 91: Obvious Errors in Documents
Rule 92: Correspondence
Rule 92bis: Recording of Changes in Certain Indications in the Request or the Demand
Rule 93: Keeping of Records and Files
Rule 93bis: Manner of Communication of Documents
Rule 94: Access to Files
Rule 95: Availability of Translations
Rule 96: The Schedule of Fees