PCT Article 40 — Delaying of National Examination and Other Processing
Ninth Edition, Revision 01.2024
- (1) 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 23 shall not apply to such State and the national Office of or acting for that State shall not proceed, subject to the provisions of paragraph (2), to the examination and other processing of the international application prior to the expiration of the applicable time limit under Article 39 .
- (2) Notwithstanding the provisions of paragraph (1), any elected Office may, on the express request of the applicant, proceed to the examination and other processing of the international application at any time.
Cited authority
Cited by
- 1823.01 Reference to Deposited Biological Material
- 1859 Withdrawal of International Application, Designations, or Priority Claims
- 1881 Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
- 901.05(b) Other Significant Data
- PCT Article 64 Reservations
- PCT Rule 13 bis Inventions Relating to Biological Material
- PCT Rule 61 Notification of the Demand and Elections
- PCT Rule 73 Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority
- PCT Rule 76 Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices
- PCT Rule 90 bis Withdrawals