PCT Rule 48 International Publication
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 48, including 24 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The International Publication requires applicants to amend claims within 2 months of receiving the international search report and file a brief statement explaining any amendments.
What this section covers
- This section covers the amendment period after an international search report is received, including claim amendments and publication requirements.
Key obligations
- Applicants must amend claims within 2 months of receiving the international search report and file a brief statement explaining any amendments.
- Amendments must be filed in accordance with PCT Rule 48.
Practice notes
- Review the search report carefully before amending claims to ensure compliance with PCT Rule 48.
- Timely filing and clear explanation of amendments are crucial to avoid delays in international publication.
Official MPEP § 48 — International Publication
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 48 International Publication
48.1 Form and Means
The form in which and the means by which international applications are published shall be governed by the Administrative Instructions.
48.2 Contents
- (a) The publication of the international application shall
contain:
- (i) a standardized front page;
- (ii) the description;
- (iii) the claims;
- (iv) the drawings, if any;
- (v) subject to paragraph (g), the international search report or the declaration under Article 17(2)(a) ;
- (vi) any statement filed under Article 19(1) , unless the International Bureau finds that the statement does not comply with the provisions of Rule 46.4 ;
- (vii) where the request for publication under Rule 91.3(d) was received by the International Bureau before the completion of the technical preparations for international publication, any request for rectification of an obvious mistake, any reasons and any comments referred to in Rule 91.3(d) ;
- (viii) the indications in relation to deposited biological material furnished under Rule 13bis separately from the description, together with an indication of the date on which the International Bureau received such indications;
- (ix) any information concerning a priority claim referred to in Rule 26bis .2(d) ;
- (x) any declaration referred to in Rule 4.17 , and any correction thereof under Rule 26ter.1 , which was received by the International Bureau before the expiration of the time limit under Rule 26ter.1 ;
- (xi) any information concerning a request under Rule 26bis.3 for restoration of the right of priority and the decision of the receiving Office upon such request, including information as to the criterion for restoration upon which the decision was based.
- (b) Subject to paragraph (c), the front page shall include:
- (i) data taken from the request sheet and such other data as are prescribed by the Administrative Instructions;
- (ii) a figure or figures where the international application contains drawings, unless Rule 8.2(b) applies;
- (iii) the abstract; if the abstract is both in English and in another language, the English text shall appear first;
- (iv) where applicable, an indication that the request contains a declaration referred to in Rule 4.17 which was received by the International Bureau before the expiration of the time limit under Rule 26ter.1 ;
- (v) where the international filing date has been accorded by the receiving Office under Rule 20.3(b)(ii) , 20.5(d) or 20.5bis(d) on the basis of the incorporation by reference under Rules 4.18 and 20.6 of an element or part, an indication to that effect, together with an indication as to whether the applicant, for the purposes of Rule 20.6(a)(ii) , relied on compliance with Rule 17.1(a) , (b) or (b-bis) in relation to the priority document or on a separately submitted copy of the earlier application concerned;
- (vi) where applicable, an indication that the published international application contains information under Rule 26bis.2 (d) ;
- (vii) where applicable, an indication that the published international application contains information concerning a request under Rule 26bis.3 for restoration of the right of priority and the decision of the receiving Office upon such request;
- (viii) where applicable, an indication that an erroneously filed element or part has been removed from the international application in accordance with Rule 20.5bis(b) or (c) .
- (c) Where a declaration under Article 17(2)(a) has issued, the front page shall conspicuously refer to that fact and need include neither a drawing nor an abstract.
- (d) The figure or figures referred to in paragraph (b)(ii) shall be selected as provided in Rule 8.2 . Reproduction of such figure or figures on the front page may be in a reduced form.
- (e) If there is not enough room on the front page for the totality of the abstract referred to in paragraph (b)(iii), the said abstract shall appear on the back of the front page. The same shall apply to the translation of the abstract when such translation is required to be published under Rule 48.3(c) .
- (f) If the claims have been amended under Article 19 , the publication of the international application shall contain the full text of the claims both as filed and as amended. Any statement referred to in Article 19(1) shall be included as well, unless the International Bureau finds that the statement does not comply with the provisions of Rule 46.4 . The date of receipt of the amended claims by the International Bureau shall be indicated.
- (g) If, at the time of the completion of the technical preparations for international publication, the international search report is not yet available, the front page shall contain an indication to the effect that that report was not available and that the international search report (when it becomes available) will be separately published together with a revised front page.
- (h) If, at the time of the completion of the technical preparations for international publication, the time limit for amending the claims under Article 19 has not expired, the front page shall refer to that fact and indicate that, should the claims be amended under Article 19 , then, promptly after receipt by the International Bureau of such amendments within the time limit under Rule 46.1 , the full text of the claims as amended will be published together with a revised front page. If a statement under Article 19(1) has been filed, that statement shall be published as well, unless the International Bureau finds that the statement does not comply with the provisions of Rule 46.4 .
- (i) If the authorization by the receiving Office, the International Searching Authority or the International Bureau of a rectification of an obvious mistake in the international application under Rule 91.1 is received by or, where applicable, given by the International Bureau after completion of the technical preparations for international publication, a statement reflecting all the rectifications shall be published, together with the sheets containing the rectifications, or the replacement sheets and the letter furnished under Rule 91.2 , as the case may be, and the front page shall be republished.
- (j) If, at the time of completion of the technical preparations for international publication, a request under Rule 26bis.3 for restoration of the right of priority is still pending, the published international application shall contain, in place of the decision by the receiving Office upon that request, an indication to the effect that such decision was not available and that the decision, when it becomes available, will be separately published.
- (k) If a request for publication under Rule 91.3(d) was received by the International Bureau after the completion of the technical preparations for international publication, the request for rectification, any reasons and any comments referred to in that Rule shall be promptly published after the receipt of such request for publication, and the front page shall be republished.
- (l) The International Bureau shall, upon a reasoned
request by the applicant received by the International Bureau prior to the
completion of the technical preparations for international publication, omit
from publication any information, if it finds that:
- (i) this information does not obviously serve the purpose of informing the public about the international application;
- (ii) publication of such information would clearly prejudice the personal or economic interests of any person; and
- (iii) there is no prevailing public interest to have access to that information.
Rule 26.4 shall apply mutatis mutandis as to the manner in which the applicant shall present the information which is the subject of a request made under this paragraph.
- (m) Where the receiving Office, the International Searching Authority, the Authority specified for supplementary search or the International Bureau notes any information meeting the criteria set out under paragraph (l), that Office, Authority or Bureau may suggest to the applicant to request the omission from international publication in accordance with paragraph (l).
- (n) Where the International Bureau has omitted information from international publication in accordance with paragraph (l) and that information is also contained in the file of the international application held by the receiving Office, the International Searching Authority, the Authority specified for supplementary search or the International Preliminary Examining Authority, the International Bureau shall promptly notify that Office and Authority accordingly.
48.3 Languages of Publication
- (a) If the international application is filed in Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian or Spanish (“languages of publication”), that application shall be published in the language in which it was filed.
- (b) If the international application is not filed in a language of publication and a translation into a language of publication has been furnished under Rule 12.3 or 12.4 , that application shall be published in the language of that translation.
- (c) If the international application is published in a language other than English, the international search report to the extent that it is published under Rule 48.2(a)(v) , or the declaration referred to in Article 17(2)(a) , the title of the invention, the abstract and any text matter pertaining to the figure or figures accompanying the abstract shall be published both in that language and in English. The translations, if not furnished by the applicant under Rule 12.3 , shall be prepared under the responsibility of the International Bureau.
48.4 Earlier Publication on the Applicant’s Request
- (a) Where the applicant asks for publication under Articles 21(2)(b) and 64(3)(c)(i) and the international search report, or the declaration referred to in Article 17(2)(a) , is not yet available for publication together with the international application, the International Bureau shall collect a special publication fee whose amount shall be fixed in the Administrative Instructions.
- (b) Publication under Articles 21(2)(b) and 64(3)(c)(i) shall be effected by the International Bureau promptly after the applicant has asked for it and, where a special fee is due under paragraph (a), after receipt of such fee.
48.5 Notification of National Publication
Where the publication of the international application by the International Bureau is governed by Article 64(3)(c)(ii) , the national Office concerned shall, promptly after effecting the national publication referred to in the said provision, notify the International Bureau of the fact of such national publication.
48.6 Announcing of Certain Facts
- (a) If any notification under Rule 29.1(ii) reaches the International Bureau at a time later than that at which it was able to prevent the international publication of the international application, the International Bureau shall promptly publish a notice in the Gazette reproducing the essence of such notification.
- (b) [Deleted]
- (c) If the international application, the designation of any designated State or the priority claim is withdrawn under Rule 90bis after the technical preparations for international publication have been completed, notice of the withdrawal shall be published in the Gazette.
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- Pct Amendments Article 19
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- Pct Description Claims
- Pct Drawings
- Pct Filing
- Pct International Preliminary Examination
- Pct International Search
- Pct Publication
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1844 | |
| MPEP § 1857 | |
| MPEP § 1879.03 | |
| MPEP § 1893.01(d) | |
| MPEP § 1893.03(e) |