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withdrawn, or where the International Bureau has made a finding under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given State is considered withdrawn, the International Bureau shall promptly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 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).
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.
(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:
(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
(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
(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.
(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.
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
(4) Where the designated Office requires a translation of the international
application, the amendments shall be in the language of the translation.