Regulations under the PCT

Rule 47
Communication to Designated Offices

 

47.1       Procedure
 
  (a)
  The communication provided for in Article 20 shall be effected by the International Bureau to each designated Office in accordance with Rule 93bis.1 but, subject to Rule 47.4, not prior to the international publication of the international application.
 
  (a-bis) 
  The International Bureau shall notify each designated Office, in accordance with Rule 93bis.1, of the fact and date of receipt of the record copy and of the fact and date of receipt of any priority document. 
 
  (b)
  Any amendment received by the International Bureau within the time limit under Rule 46.1 which was not included in the communication provided for in Article 20 shall be communicated promptly to the designated Offices by the International Bureau, and the latter shall notify the applicant accordingly.
 
  (c)6 
  The International Bureau shall, promptly after the expiration of 28 months from the priority date, send a notice to the applicant indicating:
 
  (i)
  the designated Offices which have requested that the communication provided for in Article 20 be effected under Rule 93bis.1 and the date of such communication to those Offices; and
 
  (ii)
  the designated Offices which have not requested that the communication provided for in Article 20 be effected under Rule93 bis.1.
 
  (c-bis) 
  The notice referred to in paragraph (c) shall be accepted by designated Offices:
 
  (i)
  in the case of a designated Office referred to in paragraph (c)(i), as conclusive evidence that the communication provided for in Article 20 was effected on the date specified in the notice;
 
  (ii)
  in the case of a designated Office referred to in paragraph (c)(ii), as conclusive evidence that the Contracting State for which that Office acts as designated Office does not require the furnishing, under Article 22, by the applicant of a copy of the international application.
 
  (d)
  Each designated Office shall, when it so requires, receive the international search reports and the declarations referred to in Article 17(2)(a) also in the translation referred to in Rule 45.1.
 
  (e)6 
  Where any designated Office has not, before the expiration of 28 months from the priority date, requested the International Bureau to effect the communication provided for in Article 20 in accordance with Rule 93bis.1, the Contracting State for which that Office acts as designated Office shall be considered to have notified the International Bureau, under Rule 49.1(a-bis), that it does not require the furnishing, under Article 22, by the applicant of a copy of the international application.
 

47.2       Copies
 

        The copies required for communication shall be prepared by the International Bureau. Further details concerning the copies required for communication may be provided for in the Administrative Instructions.
 

47.3       Languages
 
  (a)
  The international application communicated under Article 20 shall be in the language in which it is published.
 
  (b)
  Where the language in which the international application is published is different from the language in which it was filed, the International Bureau shall furnish to any designated Office, upon the request of that Office, a copy of that application in the language in which it was filed.
 

47.4       Express Request under Article 23(2) prior to International Publication
 

        Where the applicant makes an express request to a designated Office under Article 23(2) prior to the international publication of the international application, the International Bureau shall, upon request of the applicant or the designated Office, promptly effect the communication provided for in Article 20 to that Office.

 

 
 

6

 Editor's Note: Rule 47.1(c) and (e) shall apply to any international application whose international filing date is on or after January 1, 2004 and in respect of a designated Office which has made a notification under paragraph (2) of the decisions of the Assembly set out in Annex IV of document PCT/A/30/7 (to the effect that the modification of the time limit fixed in Article 22(1) was not compatible with the national law applied by that Office on October 3, 2001), and which has not withdrawn that notification under paragraph (3) of those decisions, as though the reference in each of Rule 47.1(c) and (e) to "28 months" was a reference to "19 months," with the consequence that two notifications under Rule 47.1(c) shall, if applicable, be sent in respect of such an application.
Information received by the International Bureau concerning any such incompatibility is published in the Gazette and on the WIPO website at: www.wipo.int/pct/en/texts/reservations/res_incomp.pdf.
 
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