Modifications to the PCT Request Form (PCT/RO/101) as of 1 January 2010
This notice concerns changes to the PCT Request Form (PCT/RO/101) as of 1 January 2010 which reflect changes to the Administrative Instructions under the PCT which permit the applicant to request that priority documents be obtained by the International Bureau and Receiving Offices from digital libraries rather than having to be supplied directly by the applicant.
The new options in Box VI on the request Form (PCT/RO/101) are:
- Option 1 - The International Bureau is requested to obtain from a digital library, a certified copy of the earlier application(s) (if the earlier application(s) is available to it from a digital library).
- Option 2 - The Receiving Office is requested to prepare and transmit to the International Bureau a certified copy of the earlier application(s) (if the earlier application(s) was filed with the Office which for the purposes of this international application is the Receiving Office) or to obtain a certified copy of the earlier application(s) from a digital library and transmit a copy of it to the International Bureau (if the earlier application(s) is available to the Receiving Office from a digital library).
Where the priority document is available to the International Bureau from a digital library, Option 1 should be selected. This option should be chosen for all GB and foreign priority claims where the respective priority documents are held in a digital library under the Priority Document Access Service. The applicant must first authorise the International Bureau to have access to the document via the respective web portal using their unique Access Code.
Where the priority document is a GB document which is not available from a digital library Option 2 should be selected. In such cases the Intellectual Property Office as Receiving Office will prepare and transfer the priority document to the International Bureau (Rule 4.1 (c)(ii)) and the applicant will be charged the appropriate fee. With regard to foreign priority documents it is the responsibility of the applicant to provide the document to the International Bureau or Receiving Office within 16 months of the earliest priority date. Option 2 should not be selected for foreign documents.
Information concerning whether and which priority documents are available to the International Bureau or the receiving Office from a digital library is published in the Official Notices (PCT Gazette) pursuant to Section 715(d) of the Administrative Instructions and the PCT Applicant’s Guide, Annex B.
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