Article 10
The Receiving Office
The international application shall be filed with the prescribed receiving
Office, which will check and process it as provided in this Treaty and the Regulations.
Article 11
Filing Date and Effects of the International Application
(1) The receiving Office shall accord as the international filing date the date
of receipt of the international application, provided that that Office has found
that, at the time of receipt:
(i) the applicant does not obviously lack, for reasons of residence or
nationality, the right to file an international application with the receiving
Office,
(ii) the international application is in the prescribed language,
(iii) the international application contains at least the following elements:
(a) an indication that it is intended as an international application,
(b) the designation of at least one Contracting State,
(c) the name of the applicant, as prescribed,
(d) a part which on the face of it appears to be a description,
(e) a part which on the face of it appears to be a claim or claims.
(2)(a) If the receiving Office finds that the international application did not,
at the time of receipt, fulfill the requirements listed in paragraph (1), it shall, as
provided in the Regulations, invite the applicant to file the required correction.
(b) If the applicant complies with the invitation, as provided in the
Regulations, the receiving Office shall accord as the international filing date the
date of receipt of the required correction.
(3) Subject to Article 64(4), any international application fulfilling the
requirements listed in items (i) to (iii) of paragraph (1) and accorded an
international filing date shall have the effect of a regular national application in
each designated State as of the international filing date, which date shall be
considered to be the actual filing date in each designated State.
(4) Any international application fulfilling the requirements listed in
items (i) to (iii) of paragraph (1) shall be equivalent to a regular national filing
within the meaning of the Paris Convention for the Protection of Industrial
Property.
Article 12
Transmittal of the International Application to the
International Bureau and the International Searching Authority
(1) One copy of the international application shall be kept by the receiving
Office (“home copy”), one copy (“record copy”) shall be transmitted to the
International Bureau, and another copy (“search copy”) shall be transmitted to
the competent International Searching Authority referred to in Article 16, as
provided in the Regulations.
(2) The record copy shall be considered the true copy of the international
application.
(3) The international application shall be considered withdrawn if the
record copy has not been received by the International Bureau within the
prescribed time limit.
Article 13
Availability of Copy of the
International Application to Designated Offices
(1) Any designated Office may ask the International Bureau to transmit to it
a copy of the international application prior to the communication provided for
in Article 20, and the International Bureau shall transmit such copy to the
designated Office as soon as possible after the expiration of one year from the
priority date.
(2)(a) The applicant may, at any time, transmit a copy of his international
application to any designated Office.
(b) The applicant may, at any time, ask the International Bureau to
transmit a copy of his international application to any designated Office, and the
International Bureau shall transmit such copy to the designated Office as soon
as possible.
(c) Any national Office may notify the International Bureau that it does
not wish to receive copies as provided for in subparagraph (b), in which case
that subparagraph shall not be applicable in respect of that Office.
Article 14
Certain Defects in the International Application
(1)(a) The receiving Office shall check whether the international application
contains any of the following defects, that is to say:
(i) it is not signed as provided in the Regulations;
(ii) it does not contain the prescribed indications concerning the
applicant;
(iii) it does not contain a title;
(iv) it does not contain an abstract;
(v) it does not comply to the extent provided in the Regulations with
the prescribed physical requirements.
(b) If the receiving Office finds any of the said defects, it shall invite the
applicant to correct the international application within the prescribed time
limit, failing which that application shall be considered withdrawn and the
receiving Office shall so declare.
(2) If the international application refers to drawings which, in fact, are not
included in that application, the receiving Office shall notify the applicant
accordingly and he may furnish them within the prescribed time limit and, if he
does, the international filing date shall be the date on which the drawings are
received by the receiving Office. Otherwise, any reference to the said drawings
shall be considered non-existent.
(3)(a) If the receiving Office finds that, within the prescribed time limits,
the fees prescribed under Article 3(4)(iv) have not been paid, or no fee
prescribed under Article 4(2) has been paid in respect of any of the designated
States, the international application shall be considered withdrawn and the
receiving Office shall so declare.
(b) If the receiving Office finds that the fee prescribed under Article 4(2)
has been paid in respect of one or more (but less than all) designated States
within the prescribed time limit, the designation of those States in respect of
which it has not been paid within the prescribed time limit shall be considered
withdrawn and the receiving Office shall so declare.
(4) If, after having accorded an international filing date to the international
application, the receiving Office finds, within the prescribed time limit, that any
of the requirements listed in items (i) to (iii) of Article 11(1) was not complied
with at that date, the said application shall be considered withdrawn and the
receiving Office shall so declare.
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