8.15.3 Formality Requirements

Also in this Chapter:

• 8.15.1 Key Features of the Legislation

• 8.15.2 National Phase Preliminaries

• 8.15.3 Formality Requirements

• 8.15.4 Priority Sources

• 8.15.5 Determining Whether Amendments Made Under Articles and Rules of the PCT are Considered During Examination

• 8.15.6 Amendments During Examination

Key Legislation:

Patents Act:

• s104 Amendments by applicants and patentees​​​​​​​

Related Chapters:

• 2.29 Formalities and Forms

A PCT application is taken to meet the requirements of schedule 3. Consequently, there is no mechanism for objecting that a PCT application as filed does not meet the schedule 3 requirements (equivalent to PCT formalities). However, where documents associated with a PCT application are subsequently filed during the national phase, e.g. s104 amendments, and do not substantially comply with the requirements of schedule 3 (or, in certain circumstances, the Formalities Determination – see 2.29 Formalities and Forms), an objection may be taken.

In the case of a verified translation, any non-compliance with schedule 3 may be drawn to the attention of the applicant in the form of a note in the examination report.  However, it is not mandatory for the applicant to address any formalities deficiency.

In rare circumstances, a PCT application may not list the inventor(s).  This can be the basis of an objection that the entitlement of the applicant to the grant of the patent is not clear.