PCT Rule 13ter

5/27/2016

Rule 13ter of the Regulations under the PCT

Regulations under the PCT
Rule 13ter
Nucleotide and/or Amino Acid Sequence Listings
13ter.1

Procedure before the International Searching Authority

(a) Where the international application contains disclosure of one or more nucleotide and/or amino acid
sequences, the International Searching Authority may invite the applicant to furnish to it, for the purposes
of the international search, a sequence listing in electronic form complying with the standard provided for in
the Administrative Instructions, unless such listing in electronic form is already available to it in a form and
manner acceptable to it, and to pay to it, where applicable, the late furnishing fee referred to in
paragraph (c), within a time limit fixed in the invitation.
(b) Where at least part of the international application is filed on paper and the International Searching
Authority finds that the description does not comply with Rule 5.2(a), it may invite the applicant to furnish,
for the purposes of the international search, a sequence listing in paper form complying with the standard
provided for in the Administrative Instructions, unless such listing in paper form is already available to it in
a form and manner acceptable to it, whether or not the furnishing of a sequence listing in electronic form is
invited under paragraph (a), and to pay, where applicable, the late furnishing fee referred to in paragraph
(c), within a time limit fixed in the invitation.
(c) The furnishing of a sequence listing in response to an invitation under paragraph (a) or (b) may be
subjected by the International Searching Authority to the payment to it, for its own benefit, of a late
furnishing fee whose amount shall be determined by the International Searching Authority but shall not
exceed 25% of the international filing fee referred to in item 1 of the Schedule of Fees, not taking into
account any fee for each sheet of the international application in excess of 30 sheets, provided that a late
furnishing fee may be required under either paragraph (a) or (b) but not both.
(d) If the applicant does not, within the time limit fixed in the invitation under paragraph (a) or (b),
furnish the required sequence listing and pay any required late furnishing fee, the International Searching
Authority shall only be required to search the international application to the extent that a meaningful
search can be carried out without the sequence listing.
(e) Any sequence listing not contained in the international application as filed, whether furnished in
response to an invitation under paragraph (a) or (b) or otherwise, shall not form part of the international
application, but this paragraph shall not prevent the applicant from amending the description in relation to
a sequence listing pursuant to Article 34(2)(b).
(f) Where the International Searching Authority finds that the description does not comply with
Rule 5.2(b), it shall invite the applicant to submit the required correction. Rule 26.4 shall apply mutatis
mutandis to any correction offered by the applicant. The International Searching Authority shall transmit
the correction to the receiving Office and to the International Bureau.

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5/27/2016

13ter.2

Rule 13ter of the Regulations under the PCT

Procedure before the International Preliminary Examining Authority

Rule 13ter.1 shall apply mutatis mutandis to the procedure before the International Preliminary
Examining Authority.
13ter.3

Sequence Listing for Designated Office

No designated Office shall require the applicant to furnish to it a sequence listing other than a sequence
listing complying with the standard provided for in the Administrative Instructions.

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