PCT Article 39 — Copy, Translation, and Fee, to Elected Offices
Ninth Edition, Revision 01.2024
- (1)
- (a) If the election of any Contracting State has been effected prior to the expiration of the 19th month from the priority date, the provisions of Article 22 shall not apply to such State and the applicant shall furnish a copy of the international application (unless the communication under Article 20 has already taken place) and a translation thereof (as prescribed), and pay the national fee (if any), to each elected Office not later than at the expiration of 30 months from the priority date.
- (b) Any national law may, for performing the acts referred to in subparagraph (a), fix time limits which expire later than the time limit provided for in that subparagraph.
- (2) The effect provided for in Article 11(3) shall cease in the elected State with the same consequences as the withdrawal of any national application in that State if the applicant fails to perform the acts referred to in paragraph (1)(a) within the time limit applicable under paragraph (1)(a) or (b).
- (3) Any elected Office may maintain the effect provided for in Article 11(3) even where the applicant does not comply with the requirements provided for in paragraph (1)(a) or (b).
Cited authority
Cited by
- 1801 Basic Patent Cooperation Treaty (PCT) Principles
- 1823.01 Reference to Deposited Biological Material
- 1842 Basic Flow Under the PCT
- 1859 Withdrawal of International Application, Designations, or Priority Claims
- 1893.01 Commencement and Entry
- 2731 Period of Adjustment
- 35 U.S.C. 371 National stage: Commencement
- 37 CFR 1.491 National stage commencement, entry, and fulfillment
- 37 CFR 1.491 (pre-AIA) National stage commencement and entry
- PCT Article 40 Delaying of National Examination and Other Processing
- PCT Article 64 Reservations
- PCT Rule 13 bis Inventions Relating to Biological Material
- PCT Rule 32 Extension of Effects of International Application to Certain Successor States
- PCT Rule 74 Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof
- PCT Rule 76 Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices
- PCT Rule 77 Faculty under Article 39(1)(b)
- PCT Rule 78 Amendment of the Claims, the Description, and the Drawings, before Elected Offices
- PCT Rule 82 quater Excuse of Delay in Meeting Time Limits and Extension of Time Limits
- PCT Rule 90 bis Withdrawals
- PCT Rule 95 Information and Translations from Designated and Elected Offices
- PCT AI Section 112 Ceasing of Effect under Articles 24(1)(iii) and 39(2), Review under Article 25(2) and Maintaining of Effect under Articles 24(2) and 39(3)
- PCT AI Section 334 Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
- PCT AI Section 432 Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
- PCT AI Section 516 Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
- PCT AI Section 601 Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date