A.21 PCT 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(5) There shall be no international publication if the international application is withdrawn or is considered withdrawn before the technical preparations for publication have been completed.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.

Source: http://www.wipo.int/pct/en/texts/articles/a21.htm

Date retrieved: 17 May 2021

36 references found.

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EPO Guidelines - E General Procedural Matters

X GL E IX 2.3.7 Prohibited matter

X GL E IX 2.5.2 Request for examination

EPO PCT GL - A Formalities Examination

X GL-PCT A VI 1.5 Restoration of the right of priority

EPO PCT GL - B Search

X GL-PCT B II 1 International search and written opinion under Chapter I

X GL-PCT B XI 1 The written opinion

EPO PCT GL - F (not assigned)

X GL-PCT F II 7.5 Omission of matter from publication

EPO PCT GL - G Patentability

X GL-PCT G II 4.1 Matter contrary to public order or morality

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

X GA C3.2.9 3.2.9.

PCT Articles

X A.17 PCT Procedure Before the International Searching Authority

X A.29 PCT Effects of the International Publication

X A.64 PCT * Reservations

PCT Implementing Rules

X R.9 PCT Expressions, Etc., Not to Be Used

X R.13bis PCT Inventions Relating to Biological Material

X R.17 PCT The Priority Document

X R.26bis PCT Correction or Addition of Priority Claim

X R.48 PCT International Publication

X R.90bis PCT Withdrawals

PCT Newsletter - Practical Advice

X PA 07/2008: Withdrawal of an international application after international publication but before the issuance of the ISR.

X PA 05/2011: Actions which can be taken to maximize the chances of an international application being processed without delay during the international phase

X PA 07/2011: Measures that are being taken by the International Bureau against fraudulent requests for payment of fees, and actions that can be taken by the applicant or agent

X PA 04/2016: Time limit for correcting physical defects in the international application

X PA 05/2016: Note about this month’s Practical Advice author and invitation to contribute to future articles

X PA 09/2016: Differences between international search and supplementary international search

X PA 10/2016: Requesting early publication of an international application

X PA 10/2017: Indicating that an international application is available for licensing

X PA 12/2017: Minimizing the risk of incorrect or unintended information in the published PCT application

X PA 01/2018: The differences between the various reports produced during the international search and preliminary examination procedures

X PA 09/2018: The differences between the various reports produced during the international search and preliminary examination procedures

X PA 12/2018: Finding out when an international application will be published

Offical Journal of the EPO

X OJ EPO SE 4/2016, p270 - Notice from the European Patent Office dated 4 September 2014 concerning the use of an address for correspondence in proceedings before the EPO by persons acting without a professional representative or agent

X OJ EPO SE 4/2016, p230 - Notice from the European Patent Office dated 7 July 2010 concerning inventions which involve the use of or concern biological material

X OJ EPO 2014, A99 - Notice from the European Patent Office dated 4 September 2014 concerning the use of an address for correspondence in proceedings before the EPO by persons acting without a professional representative or agent

General Case Law

X J 0006/79 (Restitutio in integrum/Euro-PCT-application) of 13.6.1980

X J 0005/81 (Publication of European patent application) of 9.12.1981

X J 0009/91 (Correction / Priority declaration) of 1.12.1992