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Invitation To Correct The Purported International Application Form. This is a Official Federal Forms form and can be use in PCT US Patent Office.
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Tags: Invitation To Correct The Purported International Application, PCT-RO-103, Official Federal Forms US Patent Office, PCT
PATENT COOPERATION TREATY
From the RECEIVING OFFICE
PCT
To:
INVITATION TO CORRECT THE PURPORTED
INTERNATIONAL APPLICATION
(PCT Article 11(2)(a) and Rules 20.3, 20.6 and 20.7)
Date of mailing
(day/month/year)
Applicant’s or agent’s file reference
REPLY DUE
International application No.
Date of receipt
(day/month/year)
within TWO MONTHS from the
above date of mailing.
See also last two paragraphs below.
Applicant
Title of the invention
The applicant is hereby invited, within the time limit indicated above, to correct the purported international application since it does not
fulfill the requirements under Article 11(1) for the according of an international filing date, for the reason(s) indicated below.
1.
The applicant obviously lacks for reasons of residence and nationality the right to file an international application with this
receiving Office (Article 11(1)(i) and Rules 18 and 19).
2.
The description is not in (one of) the prescribed language(s), which is (are): ______________________________________
(Article 11(1)(ii) and Rules 12.1(a) and 20.1(c)).
3.
The claims are not in (one of) the prescribed language(s), which is (are): ________________________________________
(Article 11(1)(ii) and Rules 12.1(a) and 20.1(c)).
4.
The application does not contain an indication that it is intended as an international application (Article 11(1)(iii)(a) and Rule 4.2).
5.
The application does not contain the name of the applicant, as prescribed (Article 11(1)(iii)(c) and Rule 20.1(b)).
6.
The application does not contain a part which on the face of it appears to be a description (Article 11(1)(iii)(d) and Rule 5) (See
Annex).
The application does not contain a part which on the face of it appears to be a claim or claims (Article 11(1)(iii)(e) and Rule 6)
(See Annex).
Where item 6 and/or 7 apply, the applicant is hereby invited, within the time limit indicated above, at the applicant’s
option:
(i) to furnish the required correction under Article 11(2); or
(ii) to confirm in accordance with Rule 20.6(a) that the element referred to in Article 11(1)(iii)(d) and/or (e) was
incorporated by reference under Rule 4.18 (see Annex for details);
and to make observations, if any.
7.
ATTENTION
Except where a missing element is considered to have been contained in the international application under Rule 20.6(b), the
international filing date will be the date on which the corrections are received, if that date falls within the time limit indicated above.
If the corrections are not received within that time limit, the application will not be treated as an international application.
The time limit for responding to this invitation expires later than 12 months from the filing date of the earliest application the
priority of which is claimed. Thus, any correction under Article 11(2) which is received by this receiving Office after the
expiration of this 12-month period may result in that priority claim being considered void for the purposes of the procedure under
the PCT (Rule 26bis.2(b)), except if the international application was filed within 14 months from the filing date of the earliest
application whose priority is claimed (Rule 26bis.2(c)(iii)).
.
Name and mailing address of the receiving Office
Authorized officer
Facsimile No.
Telephone No.
Form PCT/RO/103 (April 2007)
American LegalNet, Inc.
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ANNEX TO FORM PCT/RO/103
International application No.
Continuation of item 6. and 7.:
Where the applicant wishes to confirm in accordance with Rule 20.6(a) that the element referred to in Article 11(1)(iii)(d) and/or (e)
was incorporated by reference under Rule 4.18, the applicant shall furnish, within two months from the date of mailing of this invitation
(Rule 20.7(a)(i)), the following:
1.
Written notice confirming that the element referred to in Article 11(1)(iii)(d) and/or (e) was incorporated by reference in the
international application under Rule 4.18 (no special Form required).
2.
Sheet or sheets embodying the entire element as contained in the earlier application, which applicant desires to be part of the
international application, in the following language (Rule 12.1bis):
a.
language of filing of the international application, that is, in _____________________________________________
b.
language of translation under Rule 12.3(a), that is, in ___________________________________________________
c.
language of translation under Rule 12.4(a), that is, in ___________________________________________________
3.
Where the applicant has not already complied with Rules 17.1(a), (b) or (b-bis) in relation to the priority document, a copy of
the earlier application as filed.
4.
Translation of the earlier application into the following language (Rule 20.6(a)(iii)):
a.
language of filing of the international application, that is, into ____________________________________________
b.
language of translation under Rule 12.3(a), that is, into _________________________________________________
c.
language of translation under Rule 12.4(a), that is, into _________________________________________________
If this receiving Office finds that the requirements of Rules 4.18 and 20.6 have been complied with and that the element referred to
in Article 11(1)(iii)(d) and/or (e) was completely contained in the earlier application, that element will be considered to have been
contained in the purported international application on the date on which one or more elements referred to in Article 11(1)(iii) were
first received by this receiving Office.
Form PCT/RO/103 (Annex) (April 2007)
American LegalNet, Inc.
www.FormsWorkflow.com