What happens if an applicant fails to correct defects in a PCT Demand?
If an applicant fails to correct defects in a PCT Demand within the specified time limit, the demand is considered as if it had not been submitted. This is clearly stated in MPEP 1868, which cites PCT Rule 60.1(c):
“If the applicant does not comply with the invitation within the time limit under paragraph (a), the demand shall be considered as if it had not been submitted and the International Preliminary Examining Authority shall so declare.”
This means that the International Preliminary Examination will not proceed, and the applicant may lose the opportunity for this examination in the international phase of the PCT application process.
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