What happens if an abstract is missing from a PCT application?
If an abstract is missing from a PCT application, the following process occurs:
- The absence of an abstract does not affect the granting of a filing date.
- The Receiving Office will notify the applicant and set a time limit to furnish the abstract.
- If the applicant fails to provide the abstract within the set time limit, the International Searching Authority will establish one.
- Failure to furnish an abstract within one month of notification may result in the application being declared withdrawn.
MPEP 1826 states: “Lack of an abstract upon filing of an international application will not affect the granting of a filing date. However, failure to furnish an abstract within one month from the date of the notification by the Receiving Office will result in the international application being declared withdrawn.“
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