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to pay the fees. If the preliminary examination fee and<br />
handling fee are not paid within the time set in PCT<br />
Rule 57.3, applicants will be notified and given I<br />
month within which to pay the deficient fees plus a<br />
late payment fee equal to the greater of: (I) 50% of<br />
the amount of the deficient fees, but not exceeding an<br />
amount equal to double the handling fee; <strong>or</strong> (2) an<br />
amount equal to the. handling fee. See 37 CPR<br />
1.48l(a)(l)(i) and (ii). <strong>The</strong> 1 month time limit set<br />
f<strong>or</strong>th in 37 CFR 1.48l(a)(l) to pay deficient fees may<br />
not be extended. See 37 CFR 1.48l(a)(2).<br />
If the payment needed to cover the preliminary<br />
examination fee and handling fee is not timely made<br />
in acc<strong>or</strong>dance with PCT Rule 58bis.l(d), the United<br />
States International Preliminary Examining Auth<strong>or</strong>ity<br />
will declare the Demand to be considered as if it had<br />
not been submitted. In this regard, where the Auth<strong>or</strong>ity<br />
sends a notification that the Demand is considered<br />
not to have been made and applicant's payment is<br />
received, both on that same date, the fee is considered<br />
to be late and the notification. remains effective. <strong>The</strong><br />
fee must antedate the notice in <strong>or</strong>der f<strong>or</strong> the notice not<br />
to be effective. See 37 CFR 1.481(b).<br />
1868 C<strong>or</strong>rection of Defects<br />
in the Demand<br />
PCTRule 60.<br />
Certain Defects in the Demand <strong>or</strong> Elections<br />
60.1.Defects in the Demand<br />
(a) If the demand does oat comply with the requirements<br />
specified in Rules 53.1, 53.2(a)(i) to (iv), 53.2(b), 53.3 to 53.8,<br />
and 55.1, the International Preliminary Examining Anth<strong>or</strong>ity shall<br />
invitethe applicant to c<strong>or</strong>rect the defects within a tinie limit which<br />
shall be reasonable under the circumstances. That time limit shall<br />
not be.less than one monthfrom the date of the invitation. It may<br />
be extended by the InternationalPreliminary Examining Auth<strong>or</strong>ity<br />
at any time bef<strong>or</strong>e a decision is taken.<br />
(b) If the applicant complies with the invitation within the<br />
time limit under paragraph (a), the demand shall be considered as<br />
ifit had been, received on the actual filing date, provided that the<br />
demand as submitted contained at leastone election and permitted<br />
the international application to be identified; otherwise, the<br />
demand shall be considered as if it had 'been received on the date<br />
on which the International Preliminary Examining Auth<strong>or</strong>ity<br />
receives the c<strong>or</strong>rection.<br />
(c) <strong>Subject</strong> to paragraph (d), if the applicant does not comply<br />
with the invitation within the time limit underparagraph (a), the<br />
PATENT COOPERATION TREATY 1868<br />
demand shall be considered as if it had not been' submitted and the<br />
International Preliminary Examining Auth<strong>or</strong>ity shall so declare.<br />
(d) Where, to paragraph (d), ifthe applicant does not comply<br />
with the invitation within the time limit under paragraph (a), the<br />
demand shall be considered as if it had not been submitted and the<br />
International Preliminary Examining Auth<strong>or</strong>ity shall so declare.<br />
(e) If the defect is noticed by the International Burean, it<br />
shall bring the defect to the attention of the International Preliminary<br />
Examining Auth<strong>or</strong>ity, which shall then proceed as provided<br />
in paragraphs (a) to (d).<br />
(f) If the demand does not contain a statement concerning<br />
amendments, the, International Preliminary Examining Auth<strong>or</strong>ity<br />
shall proceed as provided f<strong>or</strong> in Rnles66.1 and 69.1(a) <strong>or</strong> (b).<br />
(g) Where the statement concerning amendments: contains<br />
an indication that amendments under Article 34 are, submitted<br />
with the demand (Rule 53.9(c» but. no such amendments .are, jn<br />
fact, submitted" the International Preliminary Examining: Auth<strong>or</strong>ity<br />
shall invite the applicant to submit the amendments within a<br />
time limit fixed in the invitation and shall proceed as provided f<strong>or</strong><br />
in Rule 69.I(e).<br />
60.2.Defects in Later Elections<br />
(a) If the notice effecting a later election does not comply<br />
with the requirements of Rule 56, the International Bureau shall<br />
invite the applicant to c<strong>or</strong>rectthe defects within a time limit which<br />
shall be reasonable under the circumstances. That time limit shall<br />
not be less than one month from the date of the invitation. It may<br />
be extended by the International Bureau at any time bef<strong>or</strong>e a decision<br />
is taken.<br />
(b) If the applicant complies with the invitation within the<br />
time limit under paragraph(a), the-notice shall be considered as if<br />
it had been .received on the actual filing date, provided that the<br />
notice as submitted contained at least one election, and permitted<br />
the international application tobe identified; otherwise, the notice<br />
shall be considered as ifit had been received on the date on which<br />
the International Bureau receives the c<strong>or</strong>rection.<br />
(c) Snbject to paragraph (d), ifthe applicant does not comply<br />
with the invitation within the time limit under paragraph (a), the<br />
notice shallbe considered as if.it had not been submitted.<br />
(d) 'Where, in respect of an applicant f<strong>or</strong> a certain elected<br />
State, the signature reqnired onder Rnle 56.l(b) and (c) <strong>or</strong> the<br />
name <strong>or</strong> address is lacking after the expiration of the time limit<br />
under paragraph (a), the later election of that State shall be considered<br />
as ifithad not been made.<br />
Defects in the Demand may be c<strong>or</strong>rected. <strong>The</strong> type<br />
of c<strong>or</strong>rection determines whether the filing date of the<br />
Demand must be changed. <strong>The</strong> most common defects<br />
which result in the mailing of an invitation to c<strong>or</strong>rect<br />
are found in PCT Rules 53 and 55. If the applicant<br />
complies with the invitation, the Demand is considered<br />
as if it had been received on the actual filing date,<br />
i.e., the <strong>or</strong>iginal date of receipt. See PCT Rule<br />
60.1(b).<br />
1800c95 August 2001