Formality Requirements

Date Published

Note: The information in this part only applies to PCT applications that entered the national phase before 15 April 2013.  For all other PCT applications, see Formalities Check.

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. sec 104 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.