PCT AI Section 704 — Receipt; International Filing Date; Signature; Physical Requirements
Ninth Edition, Revision 01.2024
- (a) The receiving Office shall promptly notify the applicant of, or
otherwise enable the applicant to obtain confirmation of, the receipt of any
purported international application filed with it in electronic form. The
notification or confirmation shall indicate or contain:
- (i) the identity of the Office;
- (ii) the date of receipt;
- (iii) any reference number or application number assigned to the purported application by the Office; and
- (iv) a message digest, generated by the Office, of the purported application as received; and may, at the option of the Office, also indicate or contain other information such as:
- (v) the names and sizes of the electronic files received;
- (vi) the dates of creation of the electronic files received; and
- (vii) a copy of the purported application as received.
- (b) Where the receiving Office refuses in accordance with Rule 89bis.1(d) or Section 703(e) to receive a purported international application submitted to it in electronic form, it shall, if practicable having regard to the indications furnished by the applicant, promptly notify the applicant accordingly.
- (c) Promptly after receiving a purported international application in electronic form, the receiving Office shall determine whether the purported application complies with the requirements of Article 11(1) and shall proceed accordingly.
- (d) Where an international application filed in electronic form is not signed in compliance with Section 703(c) , the application shall be considered not to comply with the requirements of Article 14(1)(a)(i) and the receiving Office shall proceed accordingly.
- (e) Where an international application filed in electronic form does not comply with Section 703(b) but the receiving Office decides, under Section 703(e) , to receive it, that non-compliance shall be considered to be non-compliance with the physical requirements referred to in Article 14(1)(a)(v) and the receiving Office shall proceed accordingly, having regard to whether compliance is necessary for the purpose of reasonably uniform international publication ( Rule 26.3 ) and satisfactory electronic communications.
- (f) An international application filed in electronic form may, in accordance with the provisions of Rule 19.4 , be transmitted by the Office with which the application was filed to the International Bureau as receiving Office.
- (g) Where an international application filed in electronic form was signed using a type of electronic signature that complies with the basic common standard but that has not been specified by the receiving Office under Section 703(c) , the Office may require that any subsequent document or correspondence submitted to it in electronic form be signed using a type of electronic signature that has been so specified. If that requirement is not complied with, Rule 92.1(b) and (c) shall apply mutatis mutandis.
Cited authority
- PCT Rule 89 bis Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means
- PCT AI Section 703 Filing Requirements; Basic Common Standard
- PCT Article 11 Filing Date and Effects of the International Application
- PCT Article 14 Certain Defects in the International Application
- PCT Rule 26 Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
- PCT Rule 19 The Competent Receiving Office
- PCT Rule 92 Correspondence