We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

2.20.1.4 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 2.20.1.4A 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 for additional information), 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.

Amended Reasons

Amended Reason Date Amended

corrected link to Patent Formalities Determination

Back to top