PCT Rule 47 — Communication to Designated Offices (MPEP Coverage Index) – BlueIron IP
PCT Rule 47 Communication to Designated Offices
This page consolidates MPEP guidance interpreting PCT Rule 47, including 14 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
PCT Rule 47 provides a two-month period for applicants to amend claims after receiving an international search report, allowing modifications before the publication of the application.
What this section covers
- Defines the timeframe and process for filing amendments after receiving an international search report within two months.
Key obligations
- Requires applicants to file amendments within two months of receiving the international search report.
- Allows filing a brief statement explaining the amendment concurrently with the amendment, though not required.
Practice notes
- Advises practitioners to ensure all amendments are filed within the two-month period to avoid losing claim modification opportunities.
- Warns against filing amendments without a clear explanation, as it may lead to confusion or rejection.
Official MPEP § 47 — Communication to Designated Offices
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 47 Communication to Designated Offices
47.1 Procedure
- (a) The communication provided for in Article 20 shall be effected by the International Bureau to each designated Office in accordance with Rule 93bis.1 but, subject to Rule 47.4 , not prior to the international publication of the international application.
- (a-bis) The International Bureau shall notify each designated Office, in accordance with Rule 93bis.1 , of the fact and date of receipt of the record copy and of the fact and date of receipt of any priority document.
- (b) Any amendment received by the International Bureau within the time limit under Rule 46.1 which was not included in the communication provided for in Article 20 shall be communicated promptly to the designated Offices by the International Bureau, and the latter shall notify the applicant accordingly.
- (c) The International Bureau shall, promptly after the
expiration of 28 months from the priority date, send a notice to the
applicant indicating:
- (i) the designated Offices which have requested that the communication provided for in Article 20 be effected under Rule 93bis.1 and the date of such communication to those Offices; and
- (ii) the designated Offices which have not requested that the communication provided for in Article 20 be effected under Rule 93bis.1 .
- (c-bis) The notice referred to in paragraph (c) shall be accepted by designated Offices:
- (i) in the case of a designated Office referred to in paragraph (c)(i), as conclusive evidence that the communication provided for in Article 20 was effected on the date specified in the notice;
- (ii) in the case of a designated Office referred to in paragraph (c)(ii), as conclusive evidence that the Contracting State for which that Office acts as designated Office does not require the furnishing, under Article 22 , by the applicant of a copy of the international application.
- (d) Each designated Office shall, when it so requires, receive the international search reports and the declarations referred to in Article 17(2)(a) also in the translation referred to in Rule 45.1 .
- (e) Where any designated Office has not, before the expiration of 28 months from the priority date, requested the International Bureau to effect the communication provided for in Article 20 in accordance with Rule 93bis.1 , the Contracting State for which that Office acts as designated Office shall be considered to have notified the International Bureau, under Rule 49.1(a-bis) , that it does not require the furnishing, under Article 22 , by the applicant of a copy of the international application.
47.2 Copies
The copies required for communication shall be prepared by the International Bureau. Further details concerning the copies required for communication may be provided for in the Administrative Instructions.
47.3 Languages
- (a) The international application communicated under Article 20 shall be in the language in which it is published.
- (b) Where the language in which the international application is published is different from the language in which it was filed, the International Bureau shall furnish to any designated Office, upon the request of that Office, a copy of that application in the language in which it was filed.
47.4 Express Request under Article 23(2) prior to International Publication
Where the applicant makes an express request to a designated Office under Article 23(2) prior to the international publication of the international application, the International Bureau shall, upon request of the applicant or the designated Office, promptly effect the communication provided for in Article 20 to that Office.
- Aia Practice
- Aia Overview
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- Pct Amendments Article 19
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- Pct Description Claims
- Pct International Search
- Pct Publication
- Signature Requirements
- Signature Assignee
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1857 | |
| MPEP § 201.06(c) |