Patent Cooperation Treaty

Patent Cooperation Treaty
(PCT)
Done at Washington on June 19, 1970,
amended on September 28, 1979,
modified on February 3, 1984, and October 3, 2001
(as in force from April 1, 2002)

World Intellectual Property Organization
GENEVA 2002

Patent Cooperation Treaty

Patent Cooperation Treaty
Done at Washington on June 19, 1970,
amended on September 28, 1979,
modified on February 3, 1984, and October 3, 2001
(as in force from April 1, 2002)
TABLE OF CONTENTS*
Preamble
Introductory Provisions
Article 1 Establishment of a Union
Article 2 Definitions
Chapter I: International Application and International Search
Article 3 The International Application
Article 4 The Request
Article 5 The Description
Article 6 The Claims
Article 7 The Drawings
Article 8 Claiming Priority
Article 9 The Applicant
Article 10 The Receiving Office
Article 11 Filing Date and Effects of the International
Application
Article 12 Transmittal of the International Application to the
International Bureau and the International
Searching Authority
Article 13 Availability of Copy of the International
Application to Designated Offices
Article 14 Certain Defects in the International Application
Article 15 The International Search
Article 16 The International Searching Authority

*
Table of Contents added for the convenience of the reader; it does not appear in
the original.

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Patent Cooperation Treaty
Article 17
Article 18
Article 19
Article
Article
Article
Article
Article
Article
Article
Article
Article

20
21
22
23
24
25
26
27
28

Article 29
Article 30

Procedure Before the International Searching
Authority
The International Search Report
Amendment of the Claims Before the International
Bureau
Communication to Designated Offices
International Publication
Copy, Translation, and Fee, to Designated Offices
Delaying of National Procedure
Possible Loss of Effect in Designated States
Review by Designated Offices
Opportunity to Correct Before Designated Offices
National Requirements
Amendment of the Claims, the Description, and the
Drawings, Before Designated Offices
Effects of the International Publication
Confidential Nature of the International Application

Chapter II: International Preliminary Examination
Article 31 Demand for International Preliminary Examination
Article 32 The International Preliminary Examining Authority
Article 33 The International Preliminary Examination
Article 34 Procedure Before the International Preliminary
Examining Authority
Article 35 The International Preliminary Examination Report
Article 36 Transmittal, Translation, and Communication, of
the International Preliminary Examination Report
Article 37 Withdrawal of Demand or Election
Article 38 Confidential Nature of the International Preliminary
Examination
Article 39 Copy, Translation, and Fee, to Elected Offices
Article 40 Delaying of National Examination and Other
Processing
Article 41 Amendment of the Claims, the Description, and the
Drawings, Before Elected Offices
Article 42 Results of National Examination in Elected Offices

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Patent Cooperation Treaty
Chapter III: Common Provisions
Article 43 Seeking Certain Kinds of Protection
Article 44 Seeking Two Kinds of Protection
Article 45 Regional Patent Treaties
Article 46 Incorrect Translation of the International
Application
Article 47 Time Limits
Article 48 Delay in Meeting Certain Time Limits
Article 49 Right to Practice Before International Authorities
Chapter IV: Technical Services
Article 50 Patent Information Services
Article 51 Technical Assistance
Article 52 Relations with Other Provisions of the Treaty
Chapter V: Administrative Provisions
Article 53 Assembly
Article 54 Executive Committee
Article 55 International Bureau
Article 56 Committee for Technical Cooperation
Article 57 Finances
Article 58 Regulations
Chapter VI: Disputes
Article 59 Disputes
Chapter VII: Revision and Amendment
Article 60 Revision of the Treaty
Article 61 Amendment of Certain Provisions of the Treaty
Chapter VIII:
Article
Article
Article
Article
Article
Article
Article
Article
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Final Provisions
62 Becoming Party to the Treaty
63 Entry into Force of the Treaty
64 Reservations
65 Gradual Application
66 Denunciation
67 Signature and Languages
68 Depositary Functions
69 Notifications

Patent Cooperation Treaty

The Contracting States,
Desiring to make a contribution to the progress of science and
technology,
Desiring to perfect the legal protection of inventions,
Desiring to simplify and render more economical the obtaining of
protection for inventions where protection is sought in several countries,
Desiring to facilitate and accelerate access by the public to the technical
information contained in documents describing new inventions,
Desiring to foster and accelerate the economic development of
developing countries through the adoption of measures designed to increase
the efficiency of their legal systems, whether national or regional, instituted
for the protection of inventions by providing easily accessible information
on the availability of technological solutions applicable to their special
needs and by facilitating access to the ever expanding volume of modern
technology,
Convinced that cooperation among nations will greatly facilitate the
attainment of these aims,
Have concluded the present Treaty.

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Patent Cooperation Treaty
INTRODUCTORY PROVISIONS
Article 1
Establishment of a Union
(1) The States party to this Treaty (hereinafter called “the Contracting
States”) constitute a Union for cooperation in the filing, searching, and
examination, of applications for the protection of inventions, and for
rendering special technical services. The Union shall be known as the
International Patent Cooperation Union.
(2) No provision of this Treaty shall be interpreted as diminishing the
rights under the Paris Convention for the Protection of Industrial Property
of any national or resident of any country party to that Convention.
Article 2
Definitions
For the purposes of this Treaty and the Regulations and unless expressly
stated otherwise:
(i) “application” means an application for the protection of an
invention; references to an “application” shall be construed as references
to applications for patents for inventions, inventors’ certificates, utility
certificates, utility models, patents or certificates of addition, inventors’
certificates of addition, and utility certificates of addition;
(ii) references to a “patent” shall be construed as references to
patents for inventions, inventors’ certificates, utility certificates, utility
models, patents or certificates of addition, inventors’ certificates of addition,
and utility certificates of addition;
(iii) “national patent” means a patent granted by a national authority;
(iv) “regional patent” means a patent granted by a national or an
intergovernmental authority having the power to grant patents effective in
more than one State;
(v) “regional application” means an application for a regional
patent;

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Patent Cooperation Treaty
(vi) references to a “national application” shall be construed as
references to applications for national patents and regional patents, other
than applications filed under this Treaty;
(vii) “international application” means an application filed under
this Treaty;
(viii) references to an “application” shall be construed as references
to international applications and national applications;
(ix) references to a “patent” shall be construed as references to
national patents and regional patents;
(x) references to “national law” shall be construed as references
to the national law of a Contracting State or, where a regional application
or a regional patent is involved, to the treaty providing for the filing of
regional applications or the granting of regional patents;
(xi) “priority date,” for the purposes of computing time limits,
means:
(a) where the international application contains a priority claim
under Article 8, the filing date of the application whose priority is so
claimed;
(b) where the international application contains several priority
claims under Article 8, the filing date of the earliest application whose
priority is so claimed;
(c) where the international application does not contain any
priority claim under Article 8, the international filing date of such
application;
(xii) “national Office” means the government authority of a
Contracting State entrusted with the granting of patents; references to a
“national Office” shall be construed as referring also to any
intergovernmental authority which several States have entrusted with the
task of granting regional patents, provided that at least one of those States
is a Contracting State, and provided that the said States have authorized
that authority to assume the obligations and exercise the powers which
this Treaty and the Regulations provide for in respect of national Offices;
(xiii) “designated Office” means the national Office of or acting for
the State designated by the applicant under Chapter I of this Treaty;

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Patent Cooperation Treaty
(xiv) “elected Office” means the national Office of or acting for the
State elected by the applicant under Chapter II of this Treaty;
(xv) “receiving Office” means the national Office or the
intergovernmental organization with which the international application
has been filed;
(xvi) “Union” means the International Patent Cooperation Union;
(xvii) “Assembly” means the Assembly of the Union;
(xviii) “Organization” means the World Intellectual Property
Organization;
(xix) “International Bureau” means the International Bureau of the
Organization and, as long as it subsists, the United International Bureaux
for the Protection of Intellectual Property (BIRPI);
(xx) “Director General” means the Director General of the
Organization and, as long as BIRPI subsists, the Director of BIRPI.
CHAPTER I
INTERNATIONAL APPLICATION
AND INTERNATIONAL SEARCH
Article 3
The International Application
(1) Applications for the protection of inventions in any of the
Contracting States may be filed as international applications under this
Treaty.
(2) An international application shall contain, as specified in this Treaty
and the Regulations, a request, a description, one or more claims, one or
more drawings (where required), and an abstract.
(3) The abstract merely serves the purpose of technical information
and cannot be taken into account for any other purpose, particularly not
for the purpose of interpreting the scope of the protection sought.
(4) The international application shall:
(i) be in a prescribed language;

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Patent Cooperation Treaty
(ii) comply with the prescribed physical requirements;
(iii) comply with the prescribed requirement of unity of invention;
(iv) be subject to the payment of the prescribed fees.
Article 4
The Request
(1) The request shall contain:
(i) a petition to the effect that the international application be
processed according to this Treaty;
(ii) the designation of the Contracting State or States in which
protection for the invention is desired on the basis of the international
application (“designated States”); if for any designated State a regional
patent is available and the applicant wishes to obtain a regional patent
rather than a national patent, the request shall so indicate; if, under a treaty
concerning a regional patent, the applicant cannot limit his application to
certain of the States party to that treaty, designation of one of those States
and the indication of the wish to obtain the regional patent shall be treated
as designation of all the States party to that treaty; if, under the national
law of the designated State, the designation of that State has the effect of
an application for a regional patent, the designation of the said State shall
be treated as an indication of the wish to obtain the regional patent;
(iii) the name of and other prescribed data concerning the applicant
and the agent (if any);
(iv) the title of the invention;
(v) the name of and other prescribed data concerning the inventor
where the national law of at least one of the designated States requires that
these indications be furnished at the time of filing a national application.
Otherwise, the said indications may be furnished either in the request or in
separate notices addressed to each designated Office whose national law
requires the furnishing of the said indications but allows that they be
furnished at a time later than that of the filing of a national application.
(2) Every designation shall be subject to the payment of the prescribed
fee within the prescribed time limit.

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Patent Cooperation Treaty
(3) Unless the applicant asks for any of the other kinds of protection
referred to in Article 43, designation shall mean that the desired protection
consists of the grant of a patent by or for the designated State. For the
purposes of this paragraph, Article 2(ii) shall not apply.
(4) Failure to indicate in the request the name and other prescribed
data concerning the inventor shall have no consequence in any designated
State whose national law requires the furnishing of the said indications but
allows that they be furnished at a time later than that of the filing of a
national application. Failure to furnish the said indications in a separate
notice shall have no consequence in any designated State whose national
law does not require the furnishing of the said indications.
Article 5
The Description
The description shall disclose the invention in a manner sufficiently
clear and complete for the invention to be carried out by a person skilled
in the art.
Article 6
The Claims
The claim or claims shall define the matter for which protection is
sought. Claims shall be clear and concise. They shall be fully supported
by the description.
Article 7
The Drawings
(1) Subject to the provisions of paragraph (2)(ii), drawings shall be
required when they are necessary for the understanding of the invention.
(2) Where, without being necessary for the understanding of the
invention, the nature of the invention admits of illustration by drawings:
(i) the applicant may include such drawings in the international
application when filed,
(ii) any designated Office may require that the applicant file such
drawings with it within the prescribed time limit.
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Patent Cooperation Treaty
Article 8
Claiming Priority
(1) The international application may contain a declaration, as
prescribed in the Regulations, claiming the priority of one or more earlier
applications filed in or for any country party to the Paris Convention for
the Protection of Industrial Property.
(2)(a) Subject to the provisions of subparagraph (b), the conditions
for, and the effect of, any priority claim declared under paragraph (1) shall
be as provided in Article 4 of the Stockholm Act of the Paris Convention
for the Protection of Industrial Property.
(b) The international application for which the priority of one or
more earlier applications filed in or for a Contracting State is claimed may
contain the designation of that State. Where, in the international application,
the priority of one or more national applications filed in or for a designated
State is claimed, or where the priority of an international application having
designated only one State is claimed, the conditions for, and the effect of,
the priority claim in that State shall be governed by the national law of that
State.
Article 9
The Applicant
(1) Any resident or national of a Contracting State may file an
international application.
(2) The Assembly may decide to allow the residents and the nationals
of any country party to the Paris Convention for the Protection of Industrial
Property which is not party to this Treaty to file international applications.
(3) The concepts of residence and nationality, and the application of
those concepts in cases where there are several applicants or where the
applicants are not the same for all the designated States, are defined in the
Regulations.

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Patent Cooperation Treaty
Article 10
The Receiving Office
The international application shall be filed with the prescribed receiving
Office, which will check and process it as provided in this Treaty and the
Regulations.
Article 11
Filing Date and Effects of the International Application
(1) The receiving Office shall accord as the international filing date
the date of receipt of the international application, provided that that Office
has found that, at the time of receipt:
(i) the applicant does not obviously lack, for reasons of residence
or nationality, the right to file an international application with the receiving
Office,
(ii) the international application is in the prescribed language,
(iii) the international application contains at least the following
elements:
(a) an indication that it is intended as an international application,
(b) the designation of at least one Contracting State,
(c) the name of the applicant, as prescribed,
(d) a part which on the face of it appears to be a description,
(e) a part which on the face of it appears to be a claim or claims.
(2)(a) If the receiving Office finds that the international application
did not, at the time of receipt, fulfill the requirements listed in paragraph (1),
it shall, as provided in the Regulations, invite the applicant to file the
required correction.
(b) If the applicant complies with the invitation, as provided in the
Regulations, the receiving Office shall accord as the international filing
date the date of receipt of the required correction.
(3) Subject to Article 64(4), any international application fulfilling the
requirements listed in items (i) to (iii) of paragraph (1) and accorded an
international filing date shall have the effect of a regular national application

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Patent Cooperation Treaty
in each designated State as of the international filing date, which date shall
be considered to be the actual filing date in each designated State.
(4) Any international application fulfilling the requirements listed in
items (i) to (iii) of paragraph (1) shall be equivalent to a regular national
filing within the meaning of the Paris Convention for the Protection of
Industrial Property.
Article 12
Transmittal of the International Application to the
International Bureau and the International Searching Authority
(1) One copy of the international application shall be kept by the
receiving Office (“home copy”), one copy (“record copy”) shall be
transmitted to the International Bureau, and another copy (“search copy”)
shall be transmitted to the competent International Searching Authority
referred to in Article 16, as provided in the Regulations.
(2) The record copy shall be considered the true copy of the international
application.
(3) The international application shall be considered withdrawn if the
record copy has not been received by the International Bureau within the
prescribed time limit.
Article 13
Availability of Copy of the
International Application to Designated Offices
(1) Any designated Office may ask the International Bureau to transmit
to it a copy of the international application prior to the communication
provided for in Article 20, and the International Bureau shall transmit such
copy to the designated Office as soon as possible after the expiration of
one year from the priority date.
(2)(a) The applicant may, at any time, transmit a copy of his
international application to any designated Office.
(b) The applicant may, at any time, ask the International Bureau to
transmit a copy of his international application to any designated Office,

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Patent Cooperation Treaty
and the International Bureau shall transmit such copy to the designated
Office as soon as possible.
(c) Any national Office may notify the International Bureau that it
does not wish to receive copies as provided for in subparagraph (b), in
which case that subparagraph shall not be applicable in respect of that
Office.
Article 14
Certain Defects in the International Application
(1)(a) The receiving Office shall check whether the international
application contains any of the following defects, that is to say:
(i) it is not signed as provided in the Regulations;
(ii) it does not contain the prescribed indications concerning
the applicant;
(iii) it does not contain a title;
(iv) it does not contain an abstract;
(v) it does not comply to the extent provided in the Regulations
with the prescribed physical requirements.
(b) If the receiving Office finds any of the said defects, it shall invite
the applicant to correct the international application within the prescribed
time limit, failing which that application shall be considered withdrawn
and the receiving Office shall so declare.
(2) If the international application refers to drawings which, in fact,
are not included in that application, the receiving Office shall notify the
applicant accordingly and he may furnish them within the prescribed time
limit and, if he does, the international filing date shall be the date on which
the drawings are received by the receiving Office. Otherwise, any reference
to the said drawings shall be considered non-existent.
(3)(a) If the receiving Office finds that, within the prescribed time limits,
the fees prescribed under Article 3(4)(iv) have not been paid, or no fee
prescribed under Article 4(2) has been paid in respect of any of the
designated States, the international application shall be considered
withdrawn and the receiving Office shall so declare.

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Patent Cooperation Treaty
(b) If the receiving Office finds that the fee prescribed under
Article 4(2) has been paid in respect of one or more (but less than all)
designated States within the prescribed time limit, the designation of those
States in respect of which it has not been paid within the prescribed time
limit shall be considered withdrawn and the receiving Office shall so
declare.
(4) If, after having accorded an international filing date to the
international application, the receiving Office finds, within the prescribed
time limit, that any of the requirements listed in items (i) to (iii) of
Article 11(1) was not complied with at that date, the said application shall
be considered withdrawn and the receiving Office shall so declare.
Article 15
The International Search
(1) Each international application shall be the subject of international
search.
(2) The objective of the international search is to discover relevant
prior art.
(3) International search shall be made on the basis of the claims, with
due regard to the description and the drawings (if any).
(4) The International Searching Authority referred to in Article 16 shall
endeavor to discover as much of the relevant prior art as its facilities permit,
and shall, in any case, consult the documentation specified in the
Regulations.
(5)(a) If the national law of the Contracting State so permits, the
applicant who files a national application with the national Office of or
acting for such State may, subject to the conditions provided for in such
law, request that a search similar to an international search (“internationaltype search”) be carried out on such application.
(b) If the national law of the Contracting State so permits, the national
Office of or acting for such State may subject any national application
filed with it to an international-type search.

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Patent Cooperation Treaty
(c) The international-type search shall be carried out by the
International Searching Authority referred to in Article 16 which would
be competent for an international search if the national application were
an international application and were filed with the Office referred to in
subparagraphs (a) and (b). If the national application is in a language which
the International Searching Authority considers it is not equipped to handle,
the international-type search shall be carried out on a translation prepared
by the applicant in a language prescribed for international applications
and which the International Searching Authority has undertaken to accept
for international applications. The national application and the translation,
when required, shall be presented in the form prescribed for international
applications.
Article 16
The International Searching Authority
(1) International search shall be carried out by an International
Searching Authority, which may be either a national Office or an
intergovernmental organization, such as the International Patent Institute,
whose tasks include the establishing of documentary search reports on
prior art with respect to inventions which are the subject of applications.
(2) If, pending the establishment of a single International Searching
Authority, there are several International Searching Authorities, each
receiving Office shall, in accordance with the provisions of the applicable
agreement referred to in paragraph (3)(b), specify the International
Searching Authority or Authorities competent for the searching of
international applications filed with such Office.
(3)(a) International Searching Authorities shall be appointed by the
Assembly. Any national Office and any intergovernmental organization
satisfying the requirements referred to in subparagraph (c) may be appointed
as International Searching Authority.
(b) Appointment shall be conditional on the consent of the national
Office or intergovernmental organization to be appointed and the conclusion
of an agreement, subject to approval by the Assembly, between such Office
or organization and the International Bureau. The agreement shall specify

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the rights and obligations of the parties, in particular, the formal undertaking
by the said Office or organization to apply and observe all the common
rules of international search.
(c) The Regulations prescribe the minimum requirements,
particularly as to manpower and documentation, which any Office or
organization must satisfy before it can be appointed and must continue to
satisfy while it remains appointed.
(d) Appointment shall be for a fixed period of time and may be
extended for further periods.
(e) Before the Assembly makes a decision on the appointment of
any national Office or intergovernmental organization, or on the extension
of its appointment, or before it allows any such appointment to lapse, the
Assembly shall hear the interested Office or organization and seek the
advice of the Committee for Technical Cooperation referred to in Article 56
once that Committee has been established.
Article 17
Procedure Before the International Searching Authority
(1) Procedure before the International Searching Authority shall be
governed by the provisions of this Treaty, the Regulations, and the
agreement which the International Bureau shall conclude, subject to this
Treaty and the Regulations, with the said Authority.
(2)(a) If the International Searching Authority considers
(i) that the international application relates to a subject matter
which the International Searching Authority is not required,
under the Regulations, to search, and in the particular case
decides not to search, or
(ii) that the description, the claims, or the drawings, fail to
comply with the prescribed requirements to such an extent
that a meaningful search could not be carried out,
the said Authority shall so declare and shall notify the applicant and the
International Bureau that no international search report will be established.

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Patent Cooperation Treaty
(b) If any of the situations referred to in subparagraph (a) is found
to exist in connection with certain claims only, the international search
report shall so indicate in respect of such claims, whereas, for the other
claims, the said report shall be established as provided in Article 18.
(3)(a) If the International Searching Authority considers that the
international application does not comply with the requirement of unity of
invention as set forth in the Regulations, it shall invite the applicant to pay
additional fees. The International Searching Authority shall establish the
international search report on those parts of the international application
which relate to the invention first mentioned in the claims (“main
invention”) and, provided the required additional fees have been paid within
the prescribed time limit, on those parts of the international application
which relate to inventions in respect of which the said fees were paid.
(b) The national law of any designated State may provide that, where
the national Office of that State finds the invitation, referred to in
subparagraph (a), of the International Searching Authority justified and
where the applicant has not paid all additional fees, those parts of the
international application which consequently have not been searched shall,
as far as effects in that State are concerned, be considered withdrawn unless
a special fee is paid by the applicant to the national Office of that State.
Article 18
The International Search Report
(1) The international search report shall be established within the
prescribed time limit and in the prescribed form.
(2) The international search report shall, as soon as it has been
established, be transmitted by the International Searching Authority to the
applicant and the International Bureau.
(3) The international search report or the declaration referred to in
Article 17(2)(a) shall be translated as provided in the Regulations. The
translations shall be prepared by or under the responsibility of the
International Bureau.

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Article 19
Amendment of the Claims Before the International Bureau
(1) The applicant shall, after having received the international search
report, be entitled to one opportunity to amend the claims of the international
application by filing amendments with the International Bureau within the
prescribed time limit. He may, at the same time, file a brief statement, as
provided in the Regulations, explaining the amendments and indicating
any impact that such amendments might have on the description and the
drawings.
(2) The amendments shall not go beyond the disclosure in the
international application as filed.
(3) If the national law of any designated State permits amendments to
go beyond the said disclosure, failure to comply with paragraph (2) shall
have no consequence in that State.
Article 20
Communication to Designated Offices
(1)(a) The international application, together with the international
search report (including any indication referred to in Article 17(2)(b)) or
the declaration referred to in Article 17(2)(a), shall be communicated to
each designated Office, as provided in the Regulations, unless the
designated Office waives such requirement in its entirety or in part.
(b) The communication shall include the translation (as prescribed)
of the said report or declaration.
(2) If the claims have been amended by virtue of Article 19(1), the
communication shall either contain the full text of the claims both as filed
and as amended or shall contain the full text of the claims as filed and
specify the amendments, and shall include the statement, if any, referred
to in Article 19(1).
(3) At the request of the designated Office or the applicant, the
International Searching Authority shall send to the said Office or the
applicant, respectively, copies of the documents cited in the international
search report, as provided in the Regulations.

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Article 21
International Publication
(1) The International Bureau shall publish international applications.
(2)(a) Subject to the exceptions provided for in subparagraph (b) and
in Article 64(3), the international publication of the international application
shall be effected promptly after the expiration of 18 months from the priority
date of that application.
(b) The applicant may ask the International Bureau to publish his
international application any time before the expiration of the time limit
referred to in subparagraph (a). The International Bureau shall proceed
accordingly, as provided in the Regulations.
(3) The international search report or the declaration referred to in
Article 17(2)(a) shall be published as prescribed in the Regulations.
(4) The language and form of the international publication and other
details are governed by the Regulations.
(5) There shall be no international publication if the international
application is withdrawn or is considered withdrawn before the technical
preparations for publication have been completed.
(6) If the international application contains expressions or drawings
which, in the opinion of the International Bureau, are contrary to morality
or public order, or if, in its opinion, the international application contains
disparaging statements as defined in the Regulations, it may omit such
expressions, drawings, and statements, from its publications, indicating
the place and number of words or drawings omitted, and furnishing, upon
request, individual copies of the passages omitted.
Article 22
Copy, Translation, and Fee, to Designated Offices
(1) The applicant shall furnish a copy of the international application
(unless the communication provided for in Article 20 has already taken

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place) and a translation thereof (as prescribed), and pay the national fee (if
any), to each designated Office not later than at the expiration of 30* months
from the priority date. Where the national law of the designated State
requires the indication of the name of and other prescribed data concerning
the inventor but allows that these indications be furnished at a time later
than that of the filing of a national application, the applicant shall, unless
they were contained in the request, furnish the said indications to the
national Office of or acting for the State not later than at the expiration of
30* months from the priority date.
(2) Where the International Searching Authority makes a declaration,
under Article 17(2)(a), that no international search report will be established,
the time limit for performing the acts referred to in paragraph (1) of this
Article shall be the same as that provided for in paragraph (1).
(3) Any national law may, for performing the acts referred to in
paragraphs (1) or (2), fix time limits which expire later than the time limit
provided for in those paragraphs.
Article 23
Delaying of National Procedure
(1) No designated Office shall process or examine the international
application prior to the expiration of the applicable time limit under
Article 22.
(2) Notwithstanding the provisions of paragraph (1), any designated
Office may, on the express request of the applicant, process or examine
the international application at any time.

*
Editor’s Note: The 30-month time limit, as in force from April 1, 2002, does not
apply in respect of any designated Office which has notified the International Bureau of
incompatibility with the national law applied by that Office. The 20-month time limit, as
in force until March 31, 2002, continues to apply after that date in respect of any such
designated Office for as long as Article 22(1), as modified, continues not to be compatible
with the applicable national law. Notifications concerning any such incompatibility and
any withdrawals of such notifications are published in the Gazette.

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Article 24
Possible Loss of Effect in Designated States
(1) Subject, in case (ii) below, to the provisions of Article 25, the effect
of the international application provided for in Article 11(3) shall cease in
any designated State with the same consequences as the withdrawal of any
national application in that State:
(i) if the applicant withdraws his international application or the
designation of that State;
(ii) if the international application is considered withdrawn by
virtue of Articles 12(3), 14(1)(b), 14(3)(a), or 14(4), or if the designation
of that State is considered withdrawn by virtue of Article 14(3)(b);
(iii) if the applicant fails to perform the acts referred to in Article 22
within the applicable time limit.
(2) Notwithstanding the provisions of paragraph (1), any designated
Office may maintain the effect provided for in Article 11(3) even where
such effect is not required to be maintained by virtue of Article 25(2).
Article 25
Review by Designated Offices
(1)(a) Where the receiving Office has refused to accord an international
filing date or has declared that the international application is considered
withdrawn, or where the International Bureau has made a finding under
Article 12(3), the International Bureau shall promptly send, at the request
of the applicant, copies of any document in the file to any of the designated
Offices named by the applicant.
(b) Where the receiving Office has declared that the designation of
any given State is considered withdrawn, the International Bureau shall
promptly send, at the request of the applicant, copies of any document in
the file to the national Office of such State.
(c) The request under subparagraphs (a) or (b) shall be presented
within the prescribed time limit.
(2)(a) Subject to the provisions of subparagraph (b), each designated
Office shall, provided that the national fee (if any) has been paid and the

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appropriate translation (as prescribed) has been furnished within the
prescribed time limit, decide whether the refusal, declaration, or finding,
referred to in paragraph (1) was justified under the provisions of this Treaty
and the Regulations, and, if it finds that the refusal or declaration was the
result of an error or omission on the part of the receiving Office or that the
finding was the result of an error or omission on the part of the International
Bureau, it shall, as far as effects in the State of the designated Office are
concerned, treat the international application as if such error or omission
had not occurred.
(b) Where the record copy has reached the International Bureau
after the expiration of the time limit prescribed under Article 12(3) on
account of any error or omission on the part of the applicant, the provisions
of subparagraph (a) shall apply only under the circumstances referred to
in Article 48(2).
Article 26
Opportunity to Correct Before Designated Offices
No designated Office shall reject an international application on the
grounds of non-compliance with the requirements of this Treaty and the
Regulations without first giving the applicant the opportunity to correct
the said application to the extent and according to the procedure provided
by the national law for the same or comparable situations in respect of
national applications.
Article 27
National Requirements
(1) No national law shall require compliance with requirements relating
to the form or contents of the international application different from or
additional to those which are provided for in this Treaty and the Regulations.
(2) The provisions of paragraph (1) neither affect the application of
the provisions of Article 7(2) nor preclude any national law from requiring,
once the processing of the international application has started in the
designated Office, the furnishing:

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Patent Cooperation Treaty
(i) when the applicant is a legal entity, of the name of an officer
entitled to represent such legal entity,
(ii) of documents not part of the international application but which
constitute proof of allegations or statements made in that application,
including the confirmation of the international application by the signature
of the applicant when that application, as filed, was signed by his
representative or agent.
(3) Where the applicant, for the purposes of any designated State, is
not qualified according to the national law of that State to file a national
application because he is not the inventor, the international application
may be rejected by the designated Office.
(4) Where the national law provides, in respect of the form or contents
of national applications, for requirements which, from the viewpoint of
applicants, are more favorable than the requirements provided for by this
Treaty and the Regulations in respect of international applications, the
national Office, the courts and any other competent organs of or acting for
the designated State may apply the former requirements, instead of the
latter requirements, to international applications, except where the applicant
insists that the requirements provided for by this Treaty and the Regulations
be applied to his international application.
(5) Nothing in this Treaty and the Regulations is intended to be
construed as prescribing anything that would limit the freedom of each
Contracting State to prescribe such substantive conditions of patentability
as it desires. In particular, any provision in this Treaty and the Regulations
concerning the definition of prior art is exclusively for the purposes of the
international procedure and, consequently, any Contracting State is free to
apply, when determining the patentability of an invention claimed in an
international application, the criteria of its national law in respect of prior
art and other conditions of patentability not constituting requirements as
to the form and contents of applications.
(6) The national law may require that the applicant furnish evidence in
respect of any substantive condition of patentability prescribed by such
law.

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Patent Cooperation Treaty
(7) Any receiving Office or, once the processing of the international
application has started in the designated Office, that Office may apply the
national law as far as it relates to any requirement that the applicant be
represented by an agent having the right to represent applicants before the
said Office and/or that the applicant have an address in the designated
State for the purpose of receiving notifications.
(8) Nothing in this Treaty and the Regulations is intended to be
construed as limiting the freedom of any Contracting State to apply
measures deemed necessary for the preservation of its national security or
to limit, for the protection of the general economic interests of that State,
the right of its own residents or nationals to file international applications.
Article 28
Amendment of the Claims, the Description,
and the Drawings, Before Designated Offices
(1) The applicant shall be given the opportunity to amend the claims,
the description, and the drawings, before each designated Office within
the prescribed time limit. No designated Office shall grant a patent, or
refuse the grant of a patent, before such time limit has expired except with
the express consent of the applicant.
(2) The amendments shall not go beyond the disclosure in the
international application as filed unless the national law of the designated
State permits them to go beyond the said disclosure.
(3) The amendments shall be in accordance with the national law of
the designated State in all respects not provided for in this Treaty and the
Regulations.
(4) Where the designated Office requires a translation of the
international application, the amendments shall be in the language of the
translation.

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Article 29
Effects of the International Publication
(1) As far as the protection of any rights of the applicant in a designated
State is concerned, the effects, in that State, of the international publication
of an international application shall, subject to the provisions of
paragraphs (2) to (4), be the same as those which the national law of the
designated State provides for the compulsory national publication of
unexamined national applications as such.
(2) If the language in which the international publication has been
effected is different from the language in which publications under the
national law are effected in the designated State, the said national law may
provide that the effects provided for in paragraph (1) shall be applicable
only from such time as:
(i) a translation into the latter language has been published as
provided by the national law, or
(ii) a translation into the latter language has been made available
to the public, by laying open for public inspection as provided by the
national law, or
(iii) a translation into the latter language has been transmitted by
the applicant to the actual or prospective unauthorized user of the invention
claimed in the international application, or
(iv) both the acts described in (i) and (iii), or both the acts described
in (ii) and (iii), have taken place.
(3) The national law of any designated State may provide that, where
the international publication has been effected, on the request of the
applicant, before the expiration of 18 months from the priority date, the
effects provided for in paragraph (1) shall be applicable only from the
expiration of 18 months from the priority date.
(4) The national law of any designated State may provide that the effects
provided for in paragraph (1) shall be applicable only from the date on
which a copy of the international application as published under Article 21
has been received in the national Office of or acting for such State. The
said Office shall publish the date of receipt in its gazette as soon as possible.

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Article 30
Confidential Nature of the International Application
(1)(a) Subject to the provisions of subparagraph (b), the International
Bureau and the International Searching Authorities shall not allow access
by any person or authority to the international application before the
international publication of that application, unless requested or authorized
by the applicant.
(b) The provisions of subparagraph (a) shall not apply to any
transmittal to the competent International Searching Authority, to
transmittals provided for under Article 13, and to communications provided
for under Article 20.
(2)(a) No national Office shall allow access to the international
application by third parties, unless requested or authorized by the applicant,
before the earliest of the following dates:
(i) date of the international publication of the international
application,
(ii) date of the receipt of the communication of the international
application under Article 20,
(iii) date of the receipt of a copy of the international application
under Article 22.
(b) The provisions of subparagraph (a) shall not prevent any national
Office from informing third parties that it has been designated, or from
publishing that fact. Such information or publication may, however, contain
only the following data: identification of the receiving Office, name of the
applicant, international filing date, international application number, and
title of the invention.
(c) The provisions of subparagraph (a) shall not prevent any
designated Office from allowing access to the international application for
the purposes of the judicial authorities.
(3) The provisions of paragraph (2)(a) shall apply to any receiving Office
except as far as transmittals provided for under Article 12(1) are concerned.
(4) For the purposes of this Article, the term “access” covers any means
by which third parties may acquire cognizance, including individual
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Patent Cooperation Treaty
communication and general publication, provided, however, that no national
Office shall generally publish an international application or its translation
before the international publication or, if international publication has not
taken place by the expiration of 20 months from the priority date, before
the expiration of 20 months from the said priority date.
CHAPTER II
INTERNATIONAL PRELIMINARY EXAMINATION
Article 31
Demand for International Preliminary Examination
(1) On the demand of the applicant, his international application shall
be the subject of an international preliminary examination as provided in
the following provisions and the Regulations.
(2)(a) Any applicant who is a resident or national, as defined in the
Regulations, of a Contracting State bound by Chapter II, and whose
international application has been filed with the receiving Office of or
acting for such State, may make a demand for international preliminary
examination.
(b) The Assembly may decide to allow persons entitled to file
international applications to make a demand for international preliminary
examination even if they are residents or nationals of a State not party to
this Treaty or not bound by Chapter II.
(3) The demand for international preliminary examination shall be made
separately from the international application. The demand shall contain
the prescribed particulars and shall be in the prescribed language and form.
(4)(a) The demand shall indicate the Contracting State or States in
which the applicant intends to use the results of the international preliminary
examination (“elected States”). Additional Contracting States may be
elected later. Election may relate only to Contracting States already
designated under Article 4.
(b) Applicants referred to in paragraph (2)(a) may elect any
Contracting State bound by Chapter II. Applicants referred to in
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Patent Cooperation Treaty
paragraph (2)(b) may elect only such Contracting States bound by Chapter II
as have declared that they are prepared to be elected by such applicants.
(5) The demand shall be subject to the payment of the prescribed fees
within the prescribed time limit.
(6)(a) The demand shall be submitted to the competent International
Preliminary Examining Authority referred to in Article 32.
(b) Any later election shall be submitted to the International Bureau.
(7) Each elected Office shall be notified of its election.
Article 32
The International Preliminary Examining Authority
(1) International preliminary examination shall be carried out by the
International Preliminary Examining Authority.
(2) In the case of demands referred to in Article 31(2)(a), the receiving
Office, and, in the case of demands referred to in Article 31(2)(b), the
Assembly, shall, in accordance with the applicable agreement between the
interested International Preliminary Examining Authority or Authorities
and the International Bureau, specify the International Preliminary
Examining Authority or Authorities competent for the preliminary
examination.
(3) The provisions of Article 16(3) shall apply, mutatis mutandis, in
respect of International Preliminary Examining Authorities.
Article 33
The International Preliminary Examination
(1) The objective of the international preliminary examination is to
formulate a preliminary and non-binding opinion on the questions whether
the claimed invention appears to be novel, to involve an inventive step (to
be non-obvious), and to be industrially applicable.
(2) For the purposes of the international preliminary examination, a
claimed invention shall be considered novel if it is not anticipated by the
prior art as defined in the Regulations.

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(3) For the purposes of the international preliminary examination, a
claimed invention shall be considered to involve an inventive step if, having
regard to the prior art as defined in the Regulations, it is not, at the prescribed
relevant date, obvious to a person skilled in the art.
(4) For the purposes of the international preliminary examination, a
claimed invention shall be considered industrially applicable if, according
to its nature, it can be made or used (in the technological sense) in any
kind of industry. “Industry” shall be understood in its broadest sense, as in
the Paris Convention for the Protection of Industrial Property.
(5) The criteria described above merely serve the purposes of
international preliminary examination. Any Contracting State may apply
additional or different criteria for the purpose of deciding whether, in that
State, the claimed invention is patentable or not.
(6) The international preliminary examination shall take into
consideration all the documents cited in the international search report. It
may take into consideration any additional documents considered to be
relevant in the particular case.
Article 34
Procedure Before the
International Preliminary Examining Authority
(1) Procedure before the International Preliminary Examining Authority
shall be governed by the provisions of this Treaty, the Regulations, and
the agreement which the International Bureau shall conclude, subject to
this Treaty and the Regulations, with the said Authority.
(2)(a) The applicant shall have a right to communicate orally and in
writing with the International Preliminary Examining Authority.
(b) The applicant shall have a right to amend the claims, the
description, and the drawings, in the prescribed manner and within the
prescribed time limit, before the international preliminary examination
report is established. The amendment shall not go beyond the disclosure
in the international application as filed.

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(c) The applicant shall receive at least one written opinion from the
International Preliminary Examining Authority unless such Authority
considers that all of the following conditions are fulfilled:
(i) the invention satisfies the criteria set forth in Article 33(1),
(ii) the international application complies with the requirements
of this Treaty and the Regulations in so far as checked by that Authority,
(iii) no observations are intended to be made under Article 35(2),
last sentence.
(d) The applicant may respond to the written opinion.
(3)(a) If the International Preliminary Examining Authority considers
that the international application does not comply with the requirement of
unity of invention as set forth in the Regulations, it may invite the applicant,
at his option, to restrict the claims so as to comply with the requirement or
to pay additional fees.
(b) The national law of any elected State may provide that, where
the applicant chooses to restrict the claims under subparagraph (a), those
parts of the international application which, as a consequence of the
restriction, are not to be the subject of international preliminary examination
shall, as far as effects in that State are concerned, be considered withdrawn
unless a special fee is paid by the applicant to the national Office of that
State.
(c) If the applicant does not comply with the invitation referred to
in subparagraph (a) within the prescribed time limit, the International
Preliminary Examining Authority shall establish an international
preliminary examination report on those parts of the international
application which relate to what appears to be the main invention and shall
indicate the relevant facts in the said report. The national law of any elected
State may provide that, where its national Office finds the invitation of the
International Preliminary Examining Authority justified, those parts of the
international application which do not relate to the main invention shall,
as far as effects in that State are concerned, be considered withdrawn unless
a special fee is paid by the applicant to that Office.

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(4)(a) If the International Preliminary Examining Authority considers
(i) that the international application relates to a subject matter
on which the International Preliminary Examining Authority
is not required, under the Regulations, to carry out an
international preliminary examination, and in the particular
case decides not to carry out such examination, or
(ii) that the description, the claims, or the drawings, are so
unclear, or the claims are so inadequately supported by the
description, that no meaningful opinion can be formed on
the novelty, inventive step (non-obviousness), or industrial
applicability, of the claimed invention,
the said Authority shall not go into the questions referred to in Article 33(1)
and shall inform the applicant of this opinion and the reasons therefor.
(b) If any of the situations referred to in subparagraph (a) is found
to exist in, or in connection with, certain claims only, the provisions of
that subparagraph shall apply only to the said claims.
Article 35
The International Preliminary Examination Report
(1) The international preliminary examination report shall be
established within the prescribed time limit and in the prescribed form.
(2) The international preliminary examination report shall not contain
any statement on the question whether the claimed invention is or seems
to be patentable or unpatentable according to any national law. It shall
state, subject to the provisions of paragraph (3), in relation to each claim,
whether the claim appears to satisfy the criteria of novelty, inventive step
(non-obviousness), and industrial applicability, as defined for the purposes
of the international preliminary examination in Article 33(1) to (4). The
statement shall be accompanied by the citation of the documents believed
to support the stated conclusion with such explanations as the circumstances
of the case may require. The statement shall also be accompanied by such
other observations as the Regulations provide for.

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(3)(a) If, at the time of establishing the international preliminary
examination report, the International Preliminary Examining Authority
considers that any of the situations referred to in Article 34(4)(a) exists,
that report shall state this opinion and the reasons therefor. It shall not
contain any statement as provided in paragraph (2).
(b) If a situation under Article 34(4)(b) is found to exist, the
international preliminary examination report shall, in relation to the claims
in question, contain the statement as provided in subparagraph (a), whereas,
in relation to the other claims, it shall contain the statement as provided in
paragraph (2).
Article 36
Transmittal, Translation, and Communication,
of the International Preliminary Examination Report
(1) The international preliminary examination report, together with the
prescribed annexes, shall be transmitted to the applicant and to the
International Bureau.
(2)(a) The international preliminary examination report and its annexes
shall be translated into the prescribed languages.
(b) Any translation of the said report shall be prepared by or under
the responsibility of the International Bureau, whereas any translation of
the said annexes shall be prepared by the applicant.
(3)(a) The international preliminary examination report, together with
its translation (as prescribed) and its annexes (in the original language),
shall be communicated by the International Bureau to each elected Office.
(b) The prescribed translation of the annexes shall be transmitted
within the prescribed time limit by the applicant to the elected Offices.
(4) The provisions of Article 20(3) shall apply, mutatis mutandis, to
copies of any document which is cited in the international preliminary
examination report and which was not cited in the international search
report.

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Article 37
Withdrawal of Demand or Election
(1) The applicant may withdraw any or all elections.
(2) If the election of all elected States is withdrawn, the demand shall
be considered withdrawn.
(3)(a) Any withdrawal shall be notified to the International Bureau.
(b) The elected Offices concerned and the International Preliminary
Examining Authority concerned shall be notified accordingly by the
International Bureau.
(4)(a) Subject to the provisions of subparagraph (b), withdrawal of the
demand or of the election of a Contracting State shall, unless the national
law of that State provides otherwise, be considered to be withdrawal of the
international application as far as that State is concerned.
(b) Withdrawal of the demand or of the election shall not be
considered to be withdrawal of the international application if such
withdrawal is effected prior to the expiration of the applicable time limit
under Article 22; however, any Contracting State may provide in its national
law that the aforesaid shall apply only if its national Office has received,
within the said time limit, a copy of the international application, together
with a translation (as prescribed), and the national fee.
Article 38
Confidential Nature of the
International Preliminary Examination
(1) Neither the International Bureau nor the International Preliminary
Examining Authority shall, unless requested or authorized by the applicant,
allow access within the meaning, and with the proviso, of Article 30(4) to
the file of the international preliminary examination by any person or
authority at any time, except by the elected Offices once the international
preliminary examination report has been established.

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(2) Subject to the provisions of paragraph (1) and Articles 36(1) and (3)
and 37(3)(b), neither the International Bureau nor the International
Preliminary Examining Authority shall, unless requested or authorized by
the applicant, give information on the issuance or nonissuance of an
international preliminary examination report and on the withdrawal or
nonwithdrawal of the demand or of any election.
Article 39
Copy, Translation, and Fee, to Elected Offices
(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).
Article 40
Delaying of National Examination and Other Processing
(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),

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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.
Article 41
Amendment of the Claims,
the Description, and the Drawings, Before Elected Offices
(1) The applicant shall be given the opportunity to amend the claims,
the description, and the drawings, before each elected Office within the
prescribed time limit. No elected Office shall grant a patent, or refuse the
grant of a patent, before such time limit has expired, except with the express
consent of the applicant.
(2) The amendments shall not go beyond the disclosure in the
international application as filed, unless the national law of the elected
State permits them to go beyond the said disclosure.
(3) The amendments shall be in accordance with the national law of
the elected State in all respects not provided for in this Treaty and the
Regulations.
(4) Where an elected Office requires a translation of the international
application, the amendments shall be in the language of the translation.
Article 42
Results of National Examination in Elected Offices
No elected Office receiving the international preliminary examination
report may require that the applicant furnish copies, or information on the
contents, of any papers connected with the examination relating to the
same international application in any other elected Office.

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CHAPTER III
COMMON PROVISIONS
Article 43
Seeking Certain Kinds of Protection
In respect of any designated or elected State whose law provides for
the grant of inventors’ certificates, utility certificates, utility models, patents
or certificates of addition, inventors’ certificates of addition, or utility
certificates of addition, the applicant may indicate, as prescribed in the
Regulations, that his international application is for the grant, as far as that
State is concerned, of an inventor’s certificate, a utility certificate, or a
utility model, rather than a patent, or that it is for the grant of a patent or
certificate of addition, an inventor’s certificate of addition, or a utility
certificate of addition, and the ensuing effect shall be governed by the
applicant’s choice. For the purposes of this Article and any Rule thereunder,
Article 2(ii) shall not apply.
Article 44
Seeking Two Kinds of Protection
In respect of any designated or elected State whose law permits an
application, while being for the grant of a patent or one of the other kinds
of protection referred to in Article 43, to be also for the grant of another of
the said kinds of protection, the applicant may indicate, as prescribed in
the Regulations, the two kinds of protection he is seeking, and the ensuing
effect shall be governed by the applicant’s indications. For the purposes of
this Article, Article 2(ii) shall not apply.
Article 45
Regional Patent Treaties
(1) Any treaty providing for the grant of regional patents (“regional
patent treaty”), and giving to all persons who, according to Article 9, are
entitled to file international applications the right to file applications for
such patents, may provide that international applications designating or
electing a State party to both the regional patent treaty and the present
Treaty may be filed as applications for such patents.

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(2) The national law of the said designated or elected State may provide
that any designation or election of such State in the international application
shall have the effect of an indication of the wish to obtain a regional patent
under the regional patent treaty.
Article 46
Incorrect Translation of the International Application
If, because of an incorrect translation of the international application,
the scope of any patent granted on that application exceeds the scope of
the international application in its original language, the competent
authorities of the Contracting State concerned may accordingly and
retroactively limit the scope of the patent, and declare it null and void to
the extent that its scope has exceeded the scope of the international
application in its original language.
Article 47
Time Limits
(1) The details for computing time limits referred to in this Treaty are
governed by the Regulations.
(2)(a) All time limits fixed in Chapters I and II of this Treaty may,
outside any revision under Article 60, be modified by a decision of the
Contracting States.
(b) Such decisions shall be made in the Assembly or through voting
by correspondence and must be unanimous.
(c) The details of the procedure are governed by the Regulations.
Article 48
Delay in Meeting Certain Time Limits
(1) Where any time limit fixed in this Treaty or the Regulations is not
met because of interruption in the mail service or unavoidable loss or delay
in the mail, the time limit shall be deemed to be met in the cases and
subject to the proof and other conditions prescribed in the Regulations.
(2)(a) Any Contracting State shall, as far as that State is concerned,
excuse, for reasons admitted under its national law, any delay in meeting
any time limit.
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(b) Any Contracting State may, as far as that State is concerned,
excuse, for reasons other than those referred to in subparagraph (a), any
delay in meeting any time limit.
Article 49
Right to Practice Before International Authorities
Any attorney, patent agent, or other person, having the right to practice
before the national Office with which the international application was
filed, shall be entitled to practice before the International Bureau and the
competent International Searching Authority and competent International
Preliminary Examining Authority in respect of that application.
CHAPTER IV
TECHNICAL SERVICES
Article 50
Patent Information Services
(1) The International Bureau may furnish services by providing
technical and any other pertinent information available to it on the basis of
published documents, primarily patents and published applications (referred
to in this Article as “the information services”).
(2) The International Bureau may provide these information services
either directly or through one or more International Searching Authorities
or other national or international specialized institutions, with which the
International Bureau may reach agreement.
(3) The information services shall be operated in a way particularly
facilitating the acquisition by Contracting States which are developing
countries of technical knowledge and technology, including available
published know-how.
(4) The information services shall be available to Governments of
Contracting States and their nationals and residents. The Assembly may
decide to make these services available also to others.

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(5)(a) Any service to Governments of Contracting States shall be
furnished at cost, provided that, when the Government is that of a
Contracting State which is a developing country, the service shall be
furnished below cost if the difference can be covered from profit made on
services furnished to others than Governments of Contracting States or
from the sources referred to in Article 51(4).
(b) The cost referred to in subparagraph (a) is to be understood as
cost over and above costs normally incident to the performance of the
services of a national Office or the obligations of an International Searching
Authority.
(6) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the
limits to be fixed by the Assembly, such working groups as the Assembly
may set up for that purpose.
(7) The Assembly shall, when it considers it necessary, recommend
methods of providing financing supplementary to those referred to in
paragraph (5).
Article 51
Technical Assistance
(1) The Assembly shall establish a Committee for Technical Assistance
(referred to in this Article as “the Committee”).
(2)(a) The members of the Committee shall be elected among the
Contracting States, with due regard to the representation of developing
countries.
(b) The Director General shall, on his own initiative or at the request
of the Committee, invite representatives of intergovernmental organizations
concerned with technical assistance to developing countries to participate
in the work of the Committee.
(3)(a) The task of the Committee shall be to organize and supervise
technical assistance for Contracting States which are developing countries
in developing their patent systems individually or on a regional basis.

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(b) The technical assistance shall comprise, among other things,
the training of specialists, the loaning of experts, and the supply of
equipment both for demonstration and for operational purposes.
(4) The International Bureau shall seek to enter into agreements, on
the one hand, with international financing organizations and
intergovernmental organizations, particularly the United Nations, the
agencies of the United Nations, and the Specialized Agencies connected
with the United Nations concerned with technical assistance, and, on the
other hand, with the Governments of the States receiving the technical
assistance, for the financing of projects pursuant to this Article.
(5) The details concerning the implementation of the provisions of this
Article shall be governed by decisions of the Assembly and, within the
limits to be fixed by the Assembly, such working groups as the Assembly
may set up for that purpose.
Article 52
Relations with Other Provisions of the Treaty
Nothing in this Chapter shall affect the financial provisions contained
in any other Chapter of this Treaty. Such provisions are not applicable to
the present Chapter or to its implementation.
CHAPTER V
ADMINISTRATIVE PROVISIONS
Article 53
Assembly
(1)(a) The Assembly shall, subject to Article 57(8), consist of the
Contracting States.
(b) The Government of each Contracting State shall be represented
by one delegate, who may be assisted by alternate delegates, advisors, and
experts.

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Patent Cooperation Treaty
(2)(a) The Assembly shall:
(i) deal with all matters concerning the maintenance and
development of the Union and the implementation of this Treaty;
(ii) perform such tasks as are specifically assigned to it under
other provisions of this Treaty;
(iii) give directions to the International Bureau concerning the
preparation for revision conferences;
(iv) review and approve the reports and activities of the Director
General concerning the Union, and give him all necessary instructions
concerning matters within the competence of the Union;
(v) review and approve the reports and activities of the
Executive Committee established under paragraph (9), and give instructions
to such Committee;
(vi) determine the program and adopt the triennial* budget of
the Union, and approve its final accounts;
(vii) adopt the financial regulations of the Union;
(viii) establish such committees and working groups as it deems
appropriate to achieve the objectives of the Union;
(ix) determine which States other than Contracting States and,
subject to the provisions of paragraph (8), which intergovernmental and
international non-governmental organizations shall be admitted to its
meetings as observers;
(x) take any other appropriate action designed to further the
objectives of the Union and perform such other functions as are appropriate
under this Treaty.
(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Assembly shall make its decisions
after having heard the advice of the Coordination Committee of the
Organization.

*

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Editor’s Note: Since 1980, the budget of the Union has been biennial.

Patent Cooperation Treaty
(3) A delegate may represent, and vote in the name of, one State only.
(4) Each Contracting State shall have one vote.
(5)(a) One-half of the Contracting States shall constitute a quorum.
(b) In the absence of the quorum, the Assembly may make decisions
but, with the exception of decisions concerning its own procedure, all such
decisions shall take effect only if the quorum and the required majority are
attained through voting by correspondence as provided in the Regulations.
(6)(a) Subject to the provisions of Articles 47(2)(b), 58(2)(b), 58(3)
and 61(2)(b), the decisions of the Assembly shall require two-thirds of the
votes cast.
(b) Abstentions shall not be considered as votes.
(7) In connection with matters of exclusive interest to States bound by
Chapter II, any reference to Contracting States in paragraphs (4), (5),
and (6), shall be considered as applying only to States bound by Chapter II.
(8) Any intergovernmental organization appointed as International
Searching or Preliminary Examining Authority shall be admitted as
observer to the Assembly.
(9) When the number of Contracting States exceeds forty, the Assembly
shall establish an Executive Committee. Any reference to the Executive
Committee in this Treaty and the Regulations shall be construed as
references to such Committee once it has been established.
(10) Until the Executive Committee has been established, the Assembly
shall approve, within the limits of the program and triennial budget, the
annual programs and budgets prepared by the Director General.*
(11)(a) The Assembly shall meet in every second calendar year in
ordinary session upon convocation by the Director General and, in the
absence of exceptional circumstances, during the same period and at the
same place as the General Assembly of the Organization.

*

Editor’s Note: Since 1980, the budget of the Union has been biennial.

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Patent Cooperation Treaty
(b) The Assembly shall meet in extraordinary session upon
convocation by the Director General, at the request of the Executive
Committee, or at the request of one-fourth of the Contracting States.
(12) The Assembly shall adopt its own rules of procedure.
Article 54
Executive Committee
(1) When the Assembly has established an Executive Committee, that
Committee shall be subject to the provisions set forth hereinafter.
(2)(a) The Executive Committee shall, subject to Article 57(8), consist
of States elected by the Assembly from among States members of the
Assembly.
(b) The Government of each State member of the Executive
Committee shall be represented by one delegate, who may be assisted by
alternate delegates, advisors, and experts.
(3) The number of States members of the Executive Committee shall
correspond to one-fourth of the number of States members of the Assembly.
In establishing the number of seats to be filled, remainders after division
by four shall be disregarded.
(4) In electing the members of the Executive Committee, the Assembly
shall have due regard to an equitable geographical distribution.
(5)(a) Each member of the Executive Committee shall serve from the
close of the session of the Assembly which elected it to the close of the
next ordinary session of the Assembly.
(b) Members of the Executive Committee may be re-elected but
only up to a maximum of two-thirds of such members.
(c) The Assembly shall establish the details of the rules governing
the election and possible re-election of the members of the Executive
Committee.
(6)(a) The Executive Committee shall:
(i) prepare the draft agenda of the Assembly;

44

Patent Cooperation Treaty
(ii) submit proposals to the Assembly in respect of the draft
program and biennial budget of the Union prepared by the Director General;
(iii) [deleted]
(iv) submit, with appropriate comments, to the Assembly the
periodical reports of the Director General and the yearly audit reports on
the accounts;
(v) take all necessary measures to ensure the execution of the
program of the Union by the Director General, in accordance with the
decisions of the Assembly and having regard to circumstances arising
between two ordinary sessions of the Assembly;
(vi) perform such other functions as are allocated to it under
this Treaty.
(b) With respect to matters which are of interest also to other Unions
administered by the Organization, the Executive Committee shall make its
decisions after having heard the advice of the Coordination Committee of
the Organization.
(7)(a) The Executive Committee shall meet once a year in ordinary
session upon convocation by the Director General, preferably during the
same period and at the same place as the Coordination Committee of the
Organization.
(b) The Executive Committee shall meet in extraordinary session
upon convocation by the Director General, either on his own initiative or
at the request of its Chairman or one-fourth of its members.
(8)(a) Each State member of the Executive Committee shall have one
vote.
(b) One-half of the members of the Executive Committee shall
constitute a quorum.
(c) Decisions shall be made by a simple majority of the votes cast.
(d) Abstentions shall not be considered as votes.
(e) A delegate may represent, and vote in the name of, one State
only.

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Patent Cooperation Treaty
(9) Contracting States not members of the Executive Committee shall
be admitted to its meetings as observers, as well as any intergovernmental
organization appointed as International Searching or Preliminary
Examining Authority.
(10) The Executive Committee shall adopt its own rules of procedure.
Article 55
International Bureau
(1) Administrative tasks concerning the Union shall be performed by
the International Bureau.
(2) The International Bureau shall provide the secretariat of the various
organs of the Union.
(3) The Director General shall be the chief executive of the Union and
shall represent the Union.
(4) The International Bureau shall publish a Gazette and other
publications provided for by the Regulations or required by the Assembly.
(5) The Regulations shall specify the services that national Offices
shall perform in order to assist the International Bureau and the International
Searching and Preliminary Examining Authorities in carrying out their
tasks under this Treaty.
(6) The Director General and any staff member designated by him
shall participate, without the right to vote, in all meetings of the Assembly,
the Executive Committee and any other committee or working group
established under this Treaty or the Regulations. The Director General, or
a staff member designated by him, shall be ex officio secretary of these
bodies.
(7)(a) The International Bureau shall, in accordance with the directions
of the Assembly and in cooperation with the Executive Committee, make
the preparations for the revision conferences.
(b) The International Bureau may consult with intergovernmental
and international non-governmental organizations concerning preparations
for revision conferences.

46

Patent Cooperation Treaty
(c) The Director General and persons designated by him shall take
part, without the right to vote, in the discussions at revision conferences.
(8) The International Bureau shall carry out any other tasks assigned
to it.
Article 56
Committee for Technical Cooperation
(1) The Assembly shall establish a Committee for Technical
Cooperation (referred to in this Article as “the Committee”).
(2)(a) The Assembly shall determine the composition of the Committee
and appoint its members, with due regard to an equitable representation of
developing countries.
(b) The International Searching and Preliminary Examining
Authorities shall be ex officio members of the Committee. In the case where
such an Authority is the national Office of a Contracting State, that State
shall not be additionally represented on the Committee.
(c) If the number of Contracting States so allows, the total number
of members of the Committee shall be more than double the number of ex
officio members.
(d) The Director General shall, on his own initiative or at the request
of the Committee, invite representatives of interested organizations to
participate in discussions of interest to them.
(3) The aim of the Committee shall be to contribute, by advice and
recommendations:
(i) to the constant improvement of the services provided for under
this Treaty,
(ii) to the securing, so long as there are several International
Searching Authorities and several International Preliminary Examining
Authorities, of the maximum degree of uniformity in their documentation
and working methods and the maximum degree of uniformly high quality
in their reports, and

47

Patent Cooperation Treaty
(iii) on the initiative of the Assembly or the Executive Committee,
to the solution of the technical problems specifically involved in the
establishment of a single International Searching Authority.
(4) Any Contracting State and any interested international organization
may approach the Committee in writing on questions which fall within the
competence of the Committee.
(5) The Committee may address its advice and recommendations to
the Director General or, through him, to the Assembly, the Executive
Committee, all or some of the International Searching and Preliminary
Examining Authorities, and all or some of the receiving Offices.
(6)(a) In any case, the Director General shall transmit to the Executive
Committee the texts of all the advice and recommendations of the
Committee. He may comment on such texts.
(b) The Executive Committee may express its views on any advice,
recommendation, or other activity of the Committee, and may invite the
Committee to study and report on questions falling within its competence.
The Executive Committee may submit to the Assembly, with appropriate
comments, the advice, recommendations and report of the Committee.
(7) Until the Executive Committee has been established, references in
paragraph (6) to the Executive Committee shall be construed as references
to the Assembly.
(8) The details of the procedure of the Committee shall be governed
by the decisions of the Assembly.
Article 57
Finances
(1)(a) The Union shall have a budget.
(b) The budget of the Union shall include the income and expenses
proper to the Union and its contribution to the budget of expenses common
to the Unions administered by the Organization.
(c) Expenses not attributable exclusively to the Union but also to
one or more other Unions administered by the Organization shall be

48

Patent Cooperation Treaty
considered as expenses common to the Unions. The share of the Union in
such common expenses shall be in proportion to the interest the Union has
in them.
(2) The budget of the Union shall be established with due regard to the
requirements of coordination with the budgets of the other Unions
administered by the Organization.
(3) Subject to the provisions of paragraph (5), the budget of the Union
shall be financed from the following sources:
(i) fees and charges due for services rendered by the International
Bureau in relation to the Union;
(ii) sale of, or royalties on, the publications of the International
Bureau concerning the Union;
(iii) gifts, bequests, and subventions;
(iv) rents, interests, and other miscellaneous income.
(4) The amounts of fees and charges due to the International Bureau
and the prices of its publications shall be so fixed that they should, under
normal circumstances, be sufficient to cover all the expenses of the
International Bureau connected with the administration of this Treaty.
(5)(a) Should any financial year close with a deficit, the Contracting
States shall, subject to the provisions of subparagraphs (b) and (c), pay
contributions to cover such deficit.
(b) The amount of the contribution of each Contracting State shall
be decided by the Assembly with due regard to the number of international
applications which has emanated from each of them in the relevant year.
(c) If other means of provisionally covering any deficit or any part
thereof are secured, the Assembly may decide that such deficit be carried
forward and that the Contracting States should not be asked to pay
contributions.
(d) If the financial situation of the Union so permits, the Assembly
may decide that any contributions paid under subparagraph (a) be
reimbursed to the Contracting States which have paid them.
(e) A Contracting State which has not paid, within two years of the
due date as established by the Assembly, its contribution under
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Patent Cooperation Treaty
subparagraph (b) may not exercise its right to vote in any of the organs of
the Union. However, any organ of the Union may allow such a State to
continue to exercise its right to vote in that organ so long as it is satisfied
that the delay in payment is due to exceptional and unavoidable
circumstances.
(6) If the budget is not adopted before the beginning of a new financial
period, it shall be at the same level as the budget of the previous year, as
provided in the financial regulations.
(7)(a) The Union shall have a working capital fund which shall be
constituted by a single payment made by each Contracting State. If the
fund becomes insufficient, the Assembly shall arrange to increase it. If
part of the fund is no longer needed, it shall be reimbursed.
(b) The amount of the initial payment of each Contracting State to
the said fund or of its participation in the increase thereof shall be decided
by the Assembly on the basis of principles similar to those provided for
under paragraph (5)(b).
(c) The terms of payment shall be fixed by the Assembly on the
proposal of the Director General and after it has heard the advice of the
Coordination Committee of the Organization.
(d) Any reimbursement shall be proportionate to the amounts paid
by each Contracting State, taking into account the dates at which they
were paid.
(8)(a) In the headquarters agreement concluded with the State on the
territory of which the Organization has its headquarters, it shall be provided
that, whenever the working capital fund is insufficient, such State shall
grant advances. The amount of these advances and the conditions on which
they are granted shall be the subject of separate agreements, in each case,
between such State and the Organization. As long as it remains under the
obligation to grant advances, such State shall have an ex officio seat in the
Assembly and on the Executive Committee.
(b) The State referred to in subparagraph (a) and the Organization
shall each have the right to denounce the obligation to grant advances, by
written notification. Denunciation shall take effect three years after the
end of the year in which it has been notified.
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Patent Cooperation Treaty
(9) The auditing of the accounts shall be effected by one or more of
the Contracting States or by external auditors, as provided in the financial
regulations. They shall be designated, with their agreement, by the
Assembly.
Article 58
Regulations
(1) The Regulations annexed to this Treaty provide Rules:
(i) concerning matters in respect of which this Treaty expressly
refers to the Regulations or expressly provides that they are or shall be
prescribed,
(ii) concerning any administrative requirements, matters, or
procedures,
(iii) concerning any details useful in the implementation of the
provisions of this Treaty.
(2)(a) The Assembly may amend the Regulations.
(b) Subject to the provisions of paragraph (3), amendments shall
require three-fourths of the votes cast.
(3)(a) The Regulations specify the Rules which may be amended
(i) only by unanimous consent, or
(ii) only if none of the Contracting States whose national Office
acts as an International Searching or Preliminary Examining Authority
dissents, and, where such Authority is an intergovernmental organization,
if the Contracting State member of that organization authorized for that
purpose by the other member States within the competent body of such
organization does not dissent.
(b) Exclusion, for the future, of any such Rules from the applicable
requirement shall require the fulfillment of the conditions referred to in
subparagraph (a)(i) or (a)(ii), respectively.
(c) Inclusion, for the future, of any Rule in one or the other of the
requirements referred to in subparagraph (a) shall require unanimous
consent.

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Patent Cooperation Treaty
(4) The Regulations provide for the establishment, under the control
of the Assembly, of Administrative Instructions by the Director General.
(5) In the case of conflict between the provisions of the Treaty and
those of the Regulations, the provisions of the Treaty shall prevail.
CHAPTER VI
DISPUTES
Article 59
Disputes
Subject to Article 64(5), any dispute between two or more Contracting
States concerning the interpretation or application of this Treaty or the
Regulations, not settled by negotiation, may, by any one of the States
concerned, be brought before the International Court of Justice by
application in conformity with the Statute of the Court, unless the States
concerned agree on some other method of settlement. The Contracting
State bringing the dispute before the Court shall inform the International
Bureau; the International Bureau shall bring the matter to the attention of
the other Contracting States.
CHAPTER VII
REVISION AND AMENDMENT
Article 60
Revision of the Treaty
(1) This Treaty may be revised from time to time by a special conference
of the Contracting States.
(2) The convocation of any revision conference shall be decided by
the Assembly.
(3) Any intergovernmental organization appointed as International
Searching or Preliminary Examining Authority shall be admitted as
observer to any revision conference.

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Patent Cooperation Treaty
(4) Articles 53(5), (9) and (11), 54, 55(4) to (8), 56, and 57, may be
amended either by a revision conference or according to the provisions of
Article 61.
Article 61
Amendment of Certain Provisions of the Treaty
(1)(a) Proposals for the amendment of Articles 53(5), (9) and (11), 54,
55(4) to (8), 56, and 57, may be initiated by any State member of the
Assembly, by the Executive Committee, or by the Director General.
(b) Such proposals shall be communicated by the Director General
to the Contracting States at least six months in advance of their consideration
by the Assembly.
(2)(a) Amendments to the Articles referred to in paragraph (1) shall
be adopted by the Assembly.
(b) Adoption shall require three-fourths of the votes cast.
(3)(a) Any amendment to the Articles referred to in paragraph (1) shall
enter into force one month after written notifications of acceptance, effected
in accordance with their respective constitutional processes, have been
received by the Director General from three-fourths of the States members
of the Assembly at the time it adopted the amendment.
(b) Any amendment to the said Articles thus accepted shall bind all
the States which are members of the Assembly at the time the amendment
enters into force, provided that any amendment increasing the financial
obligations of the Contracting States shall bind only those States which
have notified their acceptance of such amendment.
(c) Any amendment accepted in accordance with the provisions of
subparagraph (a) shall bind all States which become members of the
Assembly after the date on which the amendment entered into force in
accordance with the provisions of subparagraph (a).

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Patent Cooperation Treaty
CHAPTER VIII
FINAL PROVISIONS
Article 62
Becoming Party to the Treaty
(1) Any State member of the International Union for the Protection of
Industrial Property may become party to this Treaty by:
(i) signature followed by the deposit of an instrument of
ratification, or
(ii) deposit of an instrument of accession.
(2) Instruments of ratification or accession shall be deposited with the
Director General.
(3) The provisions of Article 24 of the Stockholm Act of the Paris
Convention for the Protection of Industrial Property shall apply to this
Treaty.
(4) Paragraph (3) shall in no way be understood as implying the
recognition or tacit acceptance by a Contracting State of the factual situation
concerning a territory to which this Treaty is made applicable by another
Contracting State by virtue of the said paragraph.
Article 63
Entry into Force of the Treaty
(1)(a) Subject to the provisions of paragraph (3), this Treaty shall enter
into force three months after eight States have deposited their instruments
of ratification or accession, provided that at least four of those States each
fulfill any of the following conditions:
(i) the number of applications filed in the State has exceeded
40,000 according to the most recent annual statistics published by the
International Bureau,
(ii) the nationals or residents of the State have filed at least
1,000 applications in one foreign country according to the most recent
annual statistics published by the International Bureau,

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Patent Cooperation Treaty
(iii) the national Office of the State has received at least 10,000
applications from nationals or residents of foreign countries according to
the most recent annual statistics published by the International Bureau.
(b) For the purposes of this paragraph, the term “applications” does
not include applications for utility models.
(2) Subject to the provisions of paragraph (3), any State which does
not become party to this Treaty upon entry into force under paragraph (1)
shall become bound by this Treaty three months after the date on which
such State has deposited its instrument of ratification or accession.
(3) The provisions of Chapter II and the corresponding provisions of
the Regulations annexed to this Treaty shall become applicable, however,
only on the date on which three States each of which fulfill at least one of
the three requirements specified in paragraph (1) have become party to
this Treaty without declaring, as provided in Article 64(1), that they do not
intend to be bound by the provisions of Chapter II. That date shall not,
however, be prior to that of the initial entry into force under paragraph (1).
Article 64
Reservations
(1)(a) Any State may declare that it shall not be bound by the provisions
of Chapter II.
(b) States making a declaration under subparagraph (a) shall not be
bound by the provisions of Chapter II and the corresponding provisions of
the Regulations.
(2)(a) Any State not having made a declaration under paragraph (1)(a)
may declare that:
(i) it shall not be bound by the provisions of Article 39(1) with
respect to the furnishing of a copy of the international application and a
translation thereof (as prescribed),
(ii) the obligation to delay national processing, as provided for
under Article 40, shall not prevent publication, by or through its national
Office, of the international application or a translation thereof, it being
understood, however, that it is not exempted from the limitations provided
for in Articles 30 and 38.
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Patent Cooperation Treaty
(b) States making such a declaration shall be bound accordingly.
(3)(a) Any State may declare that, as far as it is concerned, international
publication of international applications is not required.
(b) Where, at the expiration of 18 months from the priority date,
the international application contains the designation only of such States
as have made declarations under subparagraph (a), the international
application shall not be published by virtue of Article 21(2).
(c) Where the provisions of subparagraph (b) apply, the international
application shall nevertheless be published by the International Bureau:
(i) at the request of the applicant, as provided in the
Regulations,
(ii) when a national application or a patent based on the
international application is published by or on behalf of the national Office
of any designated State having made a declaration under subparagraph (a),
promptly after such publication but not before the expiration of 18 months
from the priority date.
(4)(a) Any State whose national law provides for prior art effect of its
patents as from a date before publication, but does not equate for prior art
purposes the priority date claimed under the Paris Convention for the
Protection of Industrial Property to the actual filing date in that State, may
declare that the filing outside that State of an international application
designating that State is not equated to an actual filing in that State for
prior art purposes.
(b) Any State making a declaration under subparagraph (a) shall to
that extent not be bound by the provisions of Article 11(3).
(c) Any State making a declaration under subparagraph (a) shall, at
the same time, state in writing the date from which, and the conditions
under which, the prior art effect of any international application designating
that State becomes effective in that State. This statement may be modified
at any time by notification addressed to the Director General.
(5) Each State may declare that it does not consider itself bound by
Article 59. With regard to any dispute between any Contracting State having

56

Patent Cooperation Treaty
made such a declaration and any other Contracting State, the provisions of
Article 59 shall not apply.
(6)(a) Any declaration made under this Article shall be made in writing.
It may be made at the time of signing this Treaty, at the time of depositing
the instrument of ratification or accession, or, except in the case referred
to in paragraph (5), at any later time by notification addressed to the
Director General. In the case of the said notification, the declaration shall
take effect six months after the day on which the Director General has
received the notification, and shall not affect international applications
filed prior to the expiration of the said six-month period.
(b) Any declaration made under this Article may be withdrawn at
any time by notification addressed to the Director General. Such withdrawal
shall take effect three months after the day on which the Director General
has received the notification and, in the case of the withdrawal of a
declaration made under paragraph (3), shall not affect international
applications filed prior to the expiration of the said three-month period.
(7) No reservations to this Treaty other than the reservations under
paragraphs (1) to (5) are permitted.
Article 65
Gradual Application
(1) If the agreement with any International Searching or Preliminary
Examining Authority provides, transitionally, for limits on the number or
kind of international applications that such Authority undertakes to process,
the Assembly shall adopt the measures necessary for the gradual application
of this Treaty and the Regulations in respect of given categories of
international applications. This provision shall also apply to requests for
an international-type search under Article 15(5).
(2) The Assembly shall fix the dates from which, subject to the provision
of paragraph (1), international applications may be filed and demands for
international preliminary examination may be submitted. Such dates shall
not be later than six months after this Treaty has entered into force according

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Patent Cooperation Treaty
to the provisions of Article 63(1), or after Chapter II has become applicable
under Article 63(3), respectively.
Article 66
Denunciation
(1) Any Contracting State may denounce this Treaty by notification
addressed to the Director General.
(2) Denunciation shall take effect six months after receipt of the said
notification by the Director General. It shall not affect the effects of the
international application in the denouncing State if the international
application was filed, and, where the denouncing State has been elected,
the election was made, prior to the expiration of the said six-month period.
Article 67
Signature and Languages
(1)(a) This Treaty shall be signed in a single original in the English
and French languages, both texts being equally authentic.
(b) Official texts shall be established by the Director General, after
consultation with the interested Governments, in the German, Japanese,
Portuguese, Russian and Spanish languages, and such other languages as
the Assembly may designate.
(2) This Treaty shall remain open for signature at Washington until
December 31, 1970.
Article 68
Depositary Functions
(1) The original of this Treaty, when no longer open for signature,
shall be deposited with the Director General.
(2) The Director General shall transmit two copies, certified by him,
of this Treaty and the Regulations annexed hereto to the Governments of
all States party to the Paris Convention for the Protection of Industrial
Property and, on request, to the Government of any other State.

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Patent Cooperation Treaty
(3) The Director General shall register this Treaty with the Secretariat
of the United Nations.
(4) The Director General shall transmit two copies, certified by him,
of any amendment to this Treaty and the Regulations to the Governments
of all Contracting States and, on request, to the Government of any other
State.
Article 69
Notifications
The Director General shall notify the Governments of all States party
to the Paris Convention for the Protection of Industrial Property of:
(i) signatures under Article 62,
(ii) deposits of instruments of ratification or accession under
Article 62,
(iii) the date of entry into force of this Treaty and the date from
which Chapter II is applicable in accordance with Article 63(3),
(iv) any declarations made under Article 64(1) to (5),
(v) withdrawals of any declarations made under Article 64(6)(b),
(vi) denunciations received under Article 66, and
(vii) any declarations made under Article 31(4).

59