The Subject Patent Already Has Underlining or ... - Bayhdolecentral

1879.01 Time Limit for Preparing
Report
PCTRule69.
Start ofand. Time Limitfor
International Preliminary Examination
69.1.Start ofInternational Preliminary Examination
(a) Subject to paragrapbs (b) to (e), the International Preliminary
Examining .. Authority shall start the .international preliminary
examination when it is in possession both of the,demand and
of either the international search report or a notice of the declaration
by .the: International .. Searching Authority under Article
17(2)(a) that no international search report will be established.
(b) If the', competent International Preliminary -Examining
Authority is part ofthe same national Office or intergovernmental
organization as the competent International Searching Authority,
the international preliminary examination may, if the International
Preliminary Examining Authority so wishes and subject to paragraph
(d), start at the same time as the international search.
(c) Where the statement concerning amendments contains
an indication that amendments underArticle 19 are to be taken
into account (Rule 53.9(a)(i)), the International Preliminary
Examining Authority shall not start the international preliminary
examination before it has received a copy Ofthe amendments concerned
(d) Where the statement concerning amendments contains
an indication that the start of the 'international preliminary examination
is to be postponed (Rule 53.9(b)), the International Preliminary
Examining .Authority shall not "start the international
preliminary examination before
(i) it has received a copy of any amendments made under
Article 19,
(ii) it has received a notice fromthe applicant that he does
not wish tomake amendments under Article 19, or
(iii) the expiration of 20 months from the, priority date,
whichever occurs first.
(e) .where the statement concerning .amendments contains
an indication that amendments under'Article, 34 .are submitted
with the demand (Rule 53.9(c)) but no such ameudments are, in
fact, submitted, the International Preliminary Examining Authority
shall not start the international preliminary examination before
it has received the amendments or before the time limit fixed .in
the invitation referred to in Rule 60.l(g) has expired, whichever
occurs first.
69.2.Time Limitfor International Preliminary Examination
The time limit for establishing the international preliminary
examination report shall be:
(i) 28 months from the priority date,or
(ii) eight months' from the date of payment of the fees
referred to in Rules 57.1 and 58.I(a), or
(iii» eight months from the date of receipt by the International'
Preliminary Examining Authority of the translation, furnished
under Rule 55.2, whicheverexpires last.
PATENT COOPERATION TREATY 1879.02
PCT Rule 69.2 was amended July I, 1998. The
time limit for preparing the international preliminary
examination report is 28 months from the priority
date, or 8 months from the'date of payment of the fees
referred to in PCT Rules 57.1 and 58.l(a), or 8
months from the date of receipt by the International
Preliminary Examining Authority of the translation
furnished under PCT Rule 55.2, whichever expires
first. This time limit is 27 months internally to ensure
sufficient time to process, review and mail the report
in snfficient time to reach the International Bureau by
28 months from the earliest priority date.
1879.02 Transmittal of the International
Preliminary Examination
Report
PCTArticle 36.
Transmitted, Translation, and Communication'of
the InternationalPreliminary Examination Report
(1) The international preliminary examination report,
together with the prescribed annexes, shall be transmitted to the
applicant and to the International Bureau.
*****
PCTRule 71.
Transmittal ofthe International
Preliminary Examination Report'
Zl.LRecipients
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.
71.2.Copies ofCited Documents
(a) The request uuder Article 36(4) may be presented any
timeduringseven years from the international filing date of the
international application to whichthe 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 andmailing 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 niay
perform, theobligations referred to in paragraphs (a) and (b)
through another agency responsible to it.
The international preliminary examination report is
transmitted.to the International Bureau using. a trans-
1800 c l 29 August 2001