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What documents should be prepared for a PCT international application?
Release Time：
2018-12-05
A. To be recognized as an international application, an application must be accompanied by the necessary documents prescribed by the PCT. According to Article 11 of the PCT, an international application may be accepted by the receiving Office and granted an international filing date only if the following requirements are met: (i) the nationality and/or residence of the applicant meets the requirements of the receiving Office; (ii) it is written in the prescribed language; (iii) it is stated that it is filed as an international application; (iv) it designates at least one member State of the PCT; (v) the name of the applicant is given in the prescribed manner; (vi) it contains a part which appears to be a specification; and (vii) it contains a part which appears to be one or more claims. (vi) contains what appears to be a specification; and (vii) contains what appears to be one or more claims. Since the first five items are included in the standard form for requesting an international application, the applicant is advised to file at least a complete and compliant request, specification and claims in a language acceptable to the Office.
For an international application containing a specification with drawings, it is recommended that the applicant submit the complete specification with the application document, as a later submission of all or part of the specification with drawings may result in a change of the filing date. In addition, the international application should also contain an abstract, which can be submitted after the filing of the international application and will not affect the change of the filing date.
For international applications in which the nucleotide/or amino acid sequence is disclosed in the specification and the sequence list is included as part of the international application, the sequence list should be included as part of the specification, and a conforming sequence list should be filed at the same time as the international application is filed [1]; otherwise, filing it later may cause a change in the international filing date. In addition, for the purposes of the international search, an application filed on paper should be accompanied by a conforming sequence table in electronic form. Subsequent filing of the electronic form of the sequence list will not result in a change of the international filing date, but will require the applicant to pay an additional fee.
The applicant may be required to file a priority text, a letter of attorney, etc., which will not affect the acceptance of the international application, and which may be filed at the same time as the international application, or within the relevant time limit after the international application has been filed, in view of the specific circumstances of the international application itself.
[1] Annex C of the PCT Administrative Rules expresses the criteria for nucleotide and amino acid sequence lists in PCT international applications.
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