PCT Article 21 — International Publication
Ninth Edition, Revision 01.2024
- (1) The International Bureau shall publish international applications.
- (2)
- (a) Subject to the exceptions provided for in subparagraph (b) and in Article 64(3) , the international publication of the international application shall be effected promptly after the expiration of 18 months from the priority date of that application.
- (b) The applicant may ask the International Bureau to publish his international application any time before the expiration of the time limit referred to in subparagraph (a). The International Bureau shall proceed accordingly, as provided in the Regulations.
- (3) The international search report or the declaration referred to in Article 17(2)(a) shall be published as prescribed in the Regulations.
- (4) The language and form of the international publication and other details are governed by the Regulations.
- (5) There shall be no international publication if the international application is withdrawn or is considered withdrawn before the technical preparations for publication have been completed.
- (6) If the international application contains expressions or drawings which, in the opinion of the International Bureau, are contrary to morality or public order, or if, in its opinion, the international application contains disparaging statements as defined in the Regulations, it may omit such expressions drawings, and statements, from its publications, indicating the place and number of words or drawings omitted, and furnishing, upon request, individual copies of the passages omitted.
Cited authority
Cited by
- 101 General
- 102 Information as to Status of an Application
- 103 Right of Public To Inspect Patent Files and Some Application Files
- 110 Confidential Nature of International Applications
- 1128 Availability of Published Applications
- 1504.02 Novelty
- 1801 Basic Patent Cooperation Treaty (PCT) Principles
- 1823.01 Reference to Deposited Biological Material
- 1828.01 Restoration of the Right of Priority
- 1842 Basic Flow Under the PCT
- 1857 International Publication
- 1859 Withdrawal of International Application, Designations, or Priority Claims
- 1879.04 Confidential Nature of the Report
- 1893.01(c) Fees
- 1893.01(d) Translation
- 1893.03(e)(1) Title of the Invention
- 1895.01 Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications
- 2120 Rejection on Prior Art
- 213.06 Claiming Priority and Filing a Certified Copy in a National Stage Application (35 U.S.C. 371)
- 2136 Pre-AIA 35 U.S.C. 102(e)
- 2136.03 Critical Reference Date
- 2139.02 Determining Whether To Apply Pre-AIA 35 U.S.C. 102(a), (b), or (e)
- 2139.03 Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 102
- 2151 Overview of the Changes to 35 U.S.C. 102 and 103 in the AIA
- 2154.01(a) WIPO Published Applications
- 2217 Statement Applying Prior Art in a Request Filed under 35 U.S.C. 302
- 2258 Scope of Ex Parte Reexamination
- 601.05(a) Application Data Sheet (ADS) -- Application Filed On or After September 16, 2012
- 601.05(b) Application Data Sheet (ADS) in Application Filed Before September 16, 2012
- 608.01(a) Arrangement of Application
- 608.01(b) Abstract of the Disclosure
- 711.04 Public Access to Abandoned Applications
- 715 Swearing Behind a Reference — Affidavit or Declaration Under 37 CFR 1.131(a)
- 901.02 Abandoned Applications
- 901.03 Pending Applications
- 35 U.S.C. 102 (pre-AIA) Conditions for patentability; novelty and loss of right to patent
- 35 U.S.C. 154 Contents and term of patent; provisional rights
- 37 CFR 1.14 Patent applications preserved in confidence
- 37 CFR 1.131 Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art
- 37 CFR 1.452 Restoration of right of priority
- PCT Article 29 Effects of the International Publication
- PCT Article 64 Reservations
- PCT Rule 9 Expressions, Etc., Not to Be Used
- PCT Rule 13 bis Inventions Relating to Biological Material
- PCT Rule 17 The Priority Document
- PCT Rule 26 bis Correction or Addition of Priority Claim
- PCT Rule 48 International Publication
- PCT Rule 90 bis Withdrawals
- PCT AI Section 406 Publication of International Applications
- PCT AI Section 504 Classification of the Subject Matter of the International Application