PCT Rule 57 — The Handling Fee
Ninth Edition, Revision 01.2024
57.1 Requirement to Pay
Each demand for international preliminary examination shall be subject to the payment of a fee for the benefit of the International Bureau (“handling fee”) to be collected by the International Preliminary Examining Authority to which the demand is submitted.
57.2 Amount; Transfer
- (a) The amount of the handling fee is as set out in the Schedule of Fees.
- (b) The handling fee shall be payable in the currency or one of the currencies prescribed by the International Preliminary Examining Authority ("prescribed currency").
- (c) Where the prescribed currency is the Swiss franc, the Authority shall transfer the said fee to the International Bureau in Swiss francs in accordance with Rule 96.2 .
- (d) Where the prescribed currency is a currency other than the
Swiss franc and that currency:
- (i) is freely convertible into Swiss francs, the Director General shall establish, for each Authority which prescribes such a currency for the payment of the handling fee, an equivalent amount of that fee in the prescribed currency according to directives given by the Assembly, and the amount in that currency shall be transferred by the Authority to the International Bureau in accordance with Rule 96.2 ;
- (ii) is not freely convertible into Swiss francs, the Authority shall be responsible for the conversion of the handling fee from the prescribed currency into Swiss francs and shall transfer that fee in Swiss francs, in the amount set out in the Schedule of Fees, to the International Bureau in accordance with Rule 96.2 . Alternatively, if the Authority so wishes, it may convert the handling fee from the prescribed currency into euros or US dollars and transfer the equivalent amount of that fee in euros or US dollars, as established by the Director General according to directives given by the Assembly as referred to in item (i), to the International Bureau in accordance with Rule 96.2 .
57.3 Time Limit for Payment; Amount Payable
- (a) Subject to paragraphs (b) and (c), the handling fee shall be paid within one month from the date on which the demand was submitted or 22 months from the priority date, whichever expires later.
- (b) Subject to paragraph (c), where the demand was transmitted to the International Preliminary Examining Authority under Rule 59.3 , the handling fee shall be paid within one month from the date of receipt by that Authority or 22 months from the priority date, whichever expires later.
- (c) Where, in accordance with Rule 69.1(b) , the International Preliminary Examining Authority wishes to start the international preliminary examination at the same time as the international search, that Authority shall invite the applicant to pay the handling fee within one month from the date of the invitation.
- (d) The amount of the handling fee payable shall be the amount applicable on the date of payment.
57.4 Refund
The International Preliminary Examining Authority shall refund the handling fee to the applicant:
- (i) if the demand is withdrawn before the demand has been sent by that Authority to the International Bureau, or
- (ii) if the demand is considered, under Rule 54.4 or 54bis.1(b) , not to have been submitted.
Cited authority
- PCT Rule 96 The Schedule of Fees; Receipt and Transfer of Fees
- PCT Rule 59 The Competent International Preliminary Examining Authority
- PCT Rule 69 Start of and Time Limit for International Preliminary Examination
- PCT Rule 54 The Applicant Entitled to Make a Demand
- PCT Rule 54 bis Time Limit for Making a Demand
Cited by
- 1827.01 Refund of International Application Fees
- 1860 International Preliminary Examination Procedure
- 1864 The Demand and Preparation for Filing of Demand
- 1867 Preliminary Examination Fees
- 37 CFR 1.446 Refund of international application filing and processing fees
- 37 CFR 1.480 Demand for international preliminary examination
- 37 CFR 1.481 Payment of international preliminary examination fees
- 37 CFR 1.482 International preliminary examination and processing fees
- PCT Rule 58 The Preliminary Examination Fee
- PCT Rule 58 bis Extension of Time Limits for Payment of Fees
- PCT Rule 96 The Schedule of Fees; Receipt and Transfer of Fees
- PCT AI Section 613 Invitation to Submit a Request for Refund of Fees under Rule 57.4 or 58.3
- PCT AI Section 615 Invitation to Pay Fees before Date on Which They Are Due