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to the International Bnreau as long as the secrecy
order remains in effect (pCT Article 27(8) and 35
U.S.C. 368). If the secrecy order remains in effect, the
international application will be declared withdrawn
(abandoned) because the Record Copy of the international
application was not received in time by the
International Bureau (37 CFR 5.3(d), PCT Article
12(3), and PCT Rule 22.3). It is, however, possible to
prevent abandonment as to the United States of America
if it has been designated, by fulfilling the requirements
of 35 U.S.c. 371(c).
1834 Correspondence
retRule 92.
Correspondence
92.LNeedforLetter and for Signature
(a) Any paper submitted by the applicant in the course of the
international procedure provided for in the Treaty and these Regulations,
other than the international application itself, .shall, if not
itself in the form of a letter. be accompanied by a letter identifying
the international application to whichit relates. The letter shall be
signed by the applicant.
(b) If the requirements provided for in paragraph (a) are not
complied with, the applicant shall be informed as to the non-compliance
and invited to remedy the omission within a time limit
fixed in the invitation. The time limit so fixed shall be reasonable
in the circumstances; even where the time limit so fixed expires
later than the time limit applying-to the furnishing of the paper (or
even ifthe latter time limit has already expired), it shall not be less
than 10 days and not more than one month from the mailing of the
invitation. If the omission is remedied within the time limit fixed
in the invitation, the omission shall be disregarded; otherwise, the
applicant shall be informed that the paperhas beendisregarded.
(c) Where non-compliance with the requirements provided for
in paragraph (a) has been overlooked and the paper taken into
account in the international procedure, the non-compliance shall
be disregarded.
92.2.Languages
(a) Subject to Rnles 55.1 and 66.9 and to paragraph (b) of
this Rule, any letter or document submitted by the applicant to the
International SearchingAuthority or the International Preliminary
Examining Authority shall be in the same language as the international
application to which it relates. However, where a translation
of the international application has been transmitted under Rule
23.1(b) or furnished under Rule 55.2, the language of such translation
shall be used.
(b) Any letter from the applicant to the International Searching
Authority or the International Preliminary Examining Authority
may be in a language other than that of the international
application, provided the said Authority authorizes the use of such
language.
(c) [Deleted]
PATENT COOPERATION TREATY 1834
(d) Any letter from the applicant to the International Bureau
shall be in English or French.
(e) Any letter or notification from the International Bureau
to the applicant or to any national Office shall be in English or
French.
*****
peTAdministrative Instruction Section 105.
Identification ofInremationat.Application With "lWo or
More Applicants
Where any international. application indicates two or more
applicants, it shall be sufficient, for the purpose ofidentifying that'
application, to indicate, in anyForm or correspondence relatingto
such .application, the name of the applicant flrst named in .the
request-The provisions of the first sentence of this:Section do not
apply to the demand or to a notice effecting later elections.
NOTIFICATION UNDER PCT RULE 92.1(b) OF
DEFECTS WITH REGARD TO CORRESPON·
DENCE
If the Office finds thatpapers, other than the international
application itself, are not accompanied by a
letter identifying the international application to
which they relate, or are accompanied by an unsigned
letter, or are furnished in the form of an unsigned letter,
it notifies the applicant and invites him or her to
remedy the omission. The Office disregards the said
papers or letter if the omission is not remedied within
the time limit fixed in the invitation (PCT Rule
92.I(b)). Ifthe omission has been overlooked and the
paper taken into account, the omission is disregarded.
CORRESPONDENCE ADDRESS
Where there is a sole applicant without an agent in
an international application, correspondence will be
sent to the applicant at his or her indicated address;
or, if he or she has appointed one or more agents, to
that agent or thefirst-mentioned of those agents; or, if
he or she has not appointed an agent but has indicated
a special address for notifications, at that special
address.
Where there are two or more applicants who have
appointed one or more common agents, correspondence
willbe addressed to that agent or the first-mentioned
of those agents. Where no common agent has
been appointed, correspondence will be addressed to
the common representative (either the appointed common
representative or the applicant who is considered
to be the common representative (PCT Rule 90.2) at
1800-39 August 2001