PCT Article 14 — Certain Defects in the International Application
Ninth Edition, Revision 01.2024
- (1)
- (a) The receiving Office shall check whether the international
application contains any of the following defects, that is to say:
- (i) it is not signed as provided in the Regulations;
- (ii) it does not contain the prescribed indications concerning the applicant;
- (iii) it does not contain a title;
- (iv) it does not contain an abstract;
- (v) it does not comply to the extent provided in the Regulations with the prescribed physical requirements.
- (b) If the receiving Office finds any of the said defects, it shall invite the applicant to correct the international application within the prescribed time limit, failing which that application shall be considered withdrawn and the receiving Office shall so declare.
- (a) The receiving Office shall check whether the international
application contains any of the following defects, that is to say:
- (2) If the international application refers to drawings which, in fact, are not included in that application, the receiving Office shall notify the applicant accordingly and he may furnish them within the prescribed time limit and, if he does, the international filing date shall be the date on which the drawings are received by the receiving Office. Otherwise, any reference to the said drawings shall be considered non-existent
- (3)
- (a) If the receiving Office finds that, within the prescribed time limits, the fees prescribed under Article 3(4)(iv) have not been paid, or no fee prescribed under Article 4(2) has been paid in respect of any of the designated States, the international application shall be considered withdrawn and the receiving Office shall so declare.
- (b) If the receiving Office finds that the fee prescribed under Article 4(2) has been paid in respect of one or more (but less than all) designated States within the prescribed time limit, the designation of those States in respect of which it has not been paid within the prescribed time limit shall be considered withdrawn and the receiving Office shall so declare.
- (4) If, after having accorded an international filing date to the international application, the receiving Office finds, within the prescribed time limit, that any of the requirements listed in items (i) to (iii) of Article 11(1) was not complied with at that date, the said application shall be considered withdrawn and the receiving Office shall so declare.
Cited authority
Cited by
- 1801 Basic Patent Cooperation Treaty (PCT) Principles
- 1810 Filing Date Requirements
- 1820 Signature of Applicant
- 37 CFR 1.412 The United States Receiving Office
- 37 CFR 1.431 International application requirements
- 37 CFR 1.431 (pre-AIA) International application requirements
- 37 CFR 1.465 Timing of application processing based on the priority date
- PCT Article 24 Possible Loss of Effect in Designated States
- PCT Rule 16 bis Extension of Time Limits for Payment of Fees
- PCT Rule 26 Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
- PCT Rule 27 Lack of Payment of Fees
- PCT Rule 28 Defects Noted by the International Bureau
- PCT Rule 29 International Applications Considered Withdrawn
- PCT Rule 30 Time Limit under Article 14(4)
- PCT AI Section 308 Marking of the Sheets of the International Application and of the Translation Thereof
- PCT AI Section 312 Notification of Decision Not to Issue Declaration that the International Application Is Considered Withdrawn
- PCT AI Section 316 Procedure in the Case Where the International Application Lacks the Prescribed Signature
- PCT AI Section 329 Correction of Indications Concerning the Applicant’s Residence or Nationality
- PCT AI Section 414 Notification to the International Preliminary Examining Authority Where the International Application Is Considered Withdrawn
- PCT AI Section 703 Filing Requirements; Basic Common Standard
- PCT AI Section 704 Receipt; International Filing Date; Signature; Physical Requirements