1879.02 Transmittal of the International Preliminary Examination Report and Related Documents [R-07.2022]

Created On
byChhabra Law Firm

PCT Article 36

Transmittal, Translation, and Communication of the International Preliminary Examination Report

  • (1) The international preliminary examination report, together with the prescribed annexes, shall be transmitted to the applicant and to the International Bureau.

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PCT Rule 71

Transmittal of the International Preliminary Examination Report

71.1 Recipients

  • (a) The International Preliminary Examining Authority shall, on the same day, transmit one copy of the international preliminary examination report and its annexes, if any, to the International Bureau, and one copy to the applicant.
  • (b) The International Preliminary Examining Authority shall transmit copies of other documents from the file of the international preliminary examination to the International Bureau in accordance with the Administrative Instructions.

71.2 Copies of Cited Documents

  • (a) The request under Article 36(4) may be presented any time during seven years from the international filing date of the international application to which the report relates.
  • (b) The International Preliminary Examining Authority may require that the party (applicant or elected Office) presenting the request pay to it the cost of preparing and mailing the copies. The level of the cost of preparing copies shall be provided for in the agreements referred to in Article 32(2) between the International Preliminary Examining Authorities and the International Bureau.
  • (c) [Deleted]
  • (d) Any International Preliminary Examining Authority may perform the obligations referred to in paragraphs (a) and (b) through another agency responsible to it.

The international preliminary examination report and its annexes, if any, are transmitted to the applicant and the International Bureau using a Notification of Transmittal of International Preliminary Report on Patentability (Form PCT/IPEA/416). Every effort is made to ensure that the transmittal is effected in sufficient time to reach the International Bureau before the expiration of the time limit set in PCT Rule 69.2.

AUTHORIZED OFFICER

The name of the authorized officer responsible for the international preliminary report must be indicated on the Form PCT/IPEA/416.