PCT Rule 47 — Communication to Designated Offices
Ninth Edition, Revision 01.2024
47.1 Procedure
- (a) The communication provided for in Article 20 shall be effected by the International Bureau to each designated Office in accordance with Rule 93bis.1 but, subject to Rule 47.4 , not prior to the international publication of the international application.
- (a-bis) The International Bureau shall notify each designated Office, in accordance with Rule 93bis.1 , of the fact and date of receipt of the record copy and of the fact and date of receipt of any priority document.
- (b) Any amendment received by the International Bureau within the time limit under Rule 46.1 which was not included in the communication provided for in Article 20 shall be communicated promptly to the designated Offices by the International Bureau, and the latter shall notify the applicant accordingly.
- (c) The International Bureau shall, promptly after the
expiration of 28 months from the priority date, send a notice to the
applicant indicating:
- (i) the designated Offices which have requested that the communication provided for in Article 20 be effected under Rule 93bis.1 and the date of such communication to those Offices; and
- (ii) the designated Offices which have not requested that the communication provided for in Article 20 be effected under Rule 93bis.1 .
- (c-bis) The notice referred to in paragraph (c) shall be accepted by designated Offices:
- (i) in the case of a designated Office referred to in paragraph (c)(i), as conclusive evidence that the communication provided for in Article 20 was effected on the date specified in the notice;
- (ii) in the case of a designated Office referred to in paragraph (c)(ii), as conclusive evidence that the Contracting State for which that Office acts as designated Office does not require the furnishing, under Article 22 , by the applicant of a copy of the international application.
- (d) Each designated Office shall, when it so requires, receive the international search reports and the declarations referred to in Article 17(2)(a) also in the translation referred to in Rule 45.1 .
- (e) Where any designated Office has not, before the expiration of 28 months from the priority date, requested the International Bureau to effect the communication provided for in Article 20 in accordance with Rule 93bis.1 , the Contracting State for which that Office acts as designated Office shall be considered to have notified the International Bureau, under Rule 49.1(a-bis) , that it does not require the furnishing, under Article 22 , by the applicant of a copy of the international application.
47.2 Copies
The copies required for communication shall be prepared by the International Bureau. Further details concerning the copies required for communication may be provided for in the Administrative Instructions.
47.3 Languages
- (a) The international application communicated under Article 20 shall be in the language in which it is published.
- (b) Where the language in which the international application is published is different from the language in which it was filed, the International Bureau shall furnish to any designated Office, upon the request of that Office, a copy of that application in the language in which it was filed.
47.4 Express Request under Article 23(2) prior to International Publication
Where the applicant makes an express request to a designated Office under Article 23(2) prior to the international publication of the international application, the International Bureau shall, upon request of the applicant or the designated Office, promptly effect the communication provided for in Article 20 to that Office.
Cited authority
- PCT Article 20 Communication to Designated Offices
- PCT Rule 93 bis Manner of Communication of Documents
- PCT Rule 46 Amendment of Claims before the International Bureau
- PCT Article 22 Copy, Translation, and Fee, to Designated Offices
- PCT Article 17 Procedure Before the International Searching Authority
- PCT Rule 45 Translation of the International Search Report
- PCT Rule 49 Copy, Translation and Fee under Article 22
- PCT Article 23 Delaying of National Procedure
Cited by
- 1801 Basic Patent Cooperation Treaty (PCT) Principles
- 1840 The International Searching Authority
- 1856 Supplementary International Searches
- 1857 International Publication
- 37 CFR 1.413 The United States International Searching Authority
- PCT Rule 45 bis Supplementary International Searches
- PCT Rule 49 Copy, Translation and Fee under Article 22
- PCT Rule 52 Amendment of the Claims, the Description, and the Drawings, before Designated Offices
- PCT Rule 76 Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices
- PCT AI Section 411 Receipt of Priority Document
- PCT AI Section 430 Notification of Designations under Rule 32