PCT Rule 5 — The Description
Ninth Edition, Revision 01.2024
5.1 Manner of the Description
- (a) The description shall first state the title of the
invention as appearing in the request and shall:
- (i) specify the technical field to which the invention relates;
- (ii) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, preferably, cite the documents reflecting such art;
- (iii) disclose the invention, as claimed, in such terms that the technical problem (even if not expressly stated as such) and its solution can be understood, and state the advantageous effects, if any, of the invention with reference to the background art;
- (iv) briefly describe the figures in the drawings, if any;
- (v) set forth at least the best mode contemplated by the applicant for carrying out the invention claimed; this shall be done in terms of examples, where appropriate, and with reference to the drawings, if any; where the national law of the designated State does not require the description of the best mode but is satisfied with the description of any mode (whether it is the best contemplated or not), failure to describe the best mode contemplated shall have no effect in that State;
- (vi) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is capable of exploitation in industry and the way in which it can be made and used, or, if it can only be used, the way in which it can be used; the term “industry” is to be understood in its broadest sense as in the Paris Convention for the Protection of Industrial Property.
- (b) The manner and order specified in paragraph (a) shall be followed except when, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more economic presentation.
- (c) Subject to the provisions of paragraph (b), each of the parts referred to in paragraph (a) shall preferably be preceded by an appropriate heading as suggested in the Administrative Instructions.
5.2 Nucleotide and/or Amino Acid Sequence Disclosure
- (a) Where the international application contains disclosure of nucleotide and/or amino acid sequences that, pursuant to the Administrative Instructions, are required to be included in a sequence listing, the description shall include a sequence listing part of the description complying with the standard provided for in the Administrative Instructions.
- (b) Language-dependent free text included in the sequence listing part of the description shall not be required to be included in the main body of the description.
Cited by
- 1821 The Request
- 1823 The Description
- 1823.02 Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications
- 1845.01 Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237)
- 1848 Sequence Listings
- 1893.01(a)(1) Submissions Required by 30 Months from the Priority Date
- 1893.01(d) Translation
- 2414.05 Notifications for Failure to Submit a “Sequence Listing XML” in an International Application under the PCT to be Searched by the United States International Searching Authority or Examined by International Preliminary Examination Authority
- 2420 The Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures under World Intellectual Property Office Standard ST.25 (WIPO ST.25) - the Sequence Rules
- 2422 Nucleotide and/or Amino Acid Sequence Disclosures in Patent Applications Subject to WIPO ST.25
- 2422.03 Sequence Listing Submission
- 2422.03(a) “Sequence Listing” Submitted as ASCII Plain Text Files
- 2429 Helpful Hints for Sequence Rules Compliance under WIPO ST.25
- 502.05 Correspondence Transmitted by EFS-Web
- 608.05 “Sequence Listing,” “Large Tables,” or “Computer Program Listing Appendix” Submitted in ASCII Plain Text or a “Sequence Listing XML” Submitted as XML File Text
- 37 CFR 1.435 The description
- 37 CFR 1.495 Entering the national stage in the United States of America
- PCT AI Section 204 Headings of the Parts of the Description
- PCT AI Section 207 Arrangement of Elements and Numbering of Sheets of the International Application