§ Section 102

MPEP App. AI, Section 102

Use of the Forms

Published Jul 1, 2022United States Patent and Trademark Office
  1. (a) Subject to paragraphs (b) to (k) and Section 103, the International Authorities shall use, or require the use of, the mandatory Forms specified below:
    1. (i) Forms for use by the applicant:
      PCT/RO/101 (request Form)PCT/IPEA/401 (demand Form)
    2. (ii) Forms for use by the receiving Offices:
      PCT/RO/103PCT/RO/115PCT/RO/152
      PCT/RO/104PCT/RO/117PCT/RO/153
      PCT/RO/105PCT/RO/118PCT/RO/154
      PCT/RO/106PCT/RO/123PCT/RO/155
      PCT/RO/107PCT/RO/126PCT/RO/156
      PCT/RO/109PCT/RO/133PCT/RO/157
      PCT/RO/110PCT/RO/136PCT/RO/158
      PCT/RO/111PCT/RO/143PCT/RO/159
      PCT/RO/112PCT/RO/147
      PCT/RO/113PCT/RO/150
      PCT/RO/114PCT/RO/151
    3. (iii) Forms for use by the International Searching Authorities:
      PCT/ISA/201PCT/ISA/212PCT/ISA/234
      PCT/ISA/202PCT/ISA/217PCT/ISA/235
      PCT/ISA/203PCT/ISA/218PCT/ISA/236
      PCT/ISA/205PCT/ISA/219PCT/ISA/237
      PCT/ISA/206PCT/ISA/220
      PCT/ISA/209PCT/ISA/225
      PCT/ISA/210
      PCT/SISA/501PCT/SISA/504PCT/SISA/507
      PCT/SISA/502PCT/SISA/505PCT/SISA/510
      PCT/SISA/503PCT/SISA/506
    4. (iv) Forms for use by the International Bureau:
      PCT/IB/301PCT/IB/325PCT/IB/357
      PCT/IB/304PCT/IB/326PCT/IB/358
      PCT/IB/305PCT/IB/331PCT/IB/360
      PCT/IB/306PCT/IB/332PCT/IB/366
      PCT/IB/307PCT/IB/335PCT/IB/367
      PCT/IB/308PCT/IB/336PCT/IB/368
      PCT/IB/310PCT/IB/337PCT/IB/369
      PCT/IB/311PCT/IB/338PCT/IB/370
      PCT/IB/313PCT/IB/339PCT/IB/371
      PCT/IB/314PCT/IB/344PCT/IB/373
      PCT/IB/315PCT/IB/345PCT/IB/374
      PCT/IB/316PCT/IB/346PCT/IB/376
      PCT/IB/317PCT/IB/349PCT/IB/377
      PCT/IB/318PCT/IB/350PCT/IB/378
      PCT/IB/319PCT/IB/351PCT/IB/379
      PCT/IB/320PCT/IB/353PCT/IB/399
      PCT/IB/321PCT/IB/354
      PCT/IB/323PCT/IB/356
    5. (v) Forms for use by the International Preliminary Examining Authorities:
      PCT/IPEA/402PCT/IPEA/414PCT/IPEA/440
      PCT/IPEA/404PCT/IPEA/415PCT/IPEA/441
      PCT/IPEA/405PCT/IPEA/416PCT/IPEA/442
      PCT/IPEA/407PCT/IPEA/420PCT/IPEA/443
      PCT/IPEA/408PCT/IPEA/425PCT/IPEA/444
      PCT/IPEA/409PCT/IPEA/431
      PCT/IPEA/412PCT/IPEA/436
  2. (b) Slight variations in layout necessary in view of the printing of the Forms referred to in paragraph (a) in various languages are permitted.
  3. (c) Slight variations in layout in the Forms referred to in paragraph (a)(ii) to (v) are permitted to the extent necessary to meet the particular office requirements of the International Authorities, in particular in view of the production of the Forms by computer or of the use of window envelopes.
  4. (d) Where the receiving Office, the International Searching Authority and/or the International Preliminary Examining Authority are each part of the same Office, the obligation to use the Forms referred to in paragraph (a) does not extend to communications within that same Office.
  5. (e) The annexes to Forms PCT/RO/106, PCT/RO/118, PCT/ISA/201, PCT/ISA/205, PCT/ISA/206, PCT/ISA/210, PCT/ISA/219, PCT/IB/313, PCT/IB/336, PCT/IPEA/404, PCT/IPEA/405 and PCT/IPEA/415 may be omitted in cases where they are not used.
  6. (f) The notes attached to Forms PCT/RO/101 (request Form), PCT/IB/375 (supplementary search request Form) and PCT/IPEA/401 (demand Form) shall be distributed by the International Authorities concerned together with the printed versions of those Forms. The notes attached to Form PCT/ISA/220 shall accompany the Form when sent to the applicant.
  7. (g) The use of Forms other than those referred to in paragraph (a) is optional.
  8. (h) Where the request or the demand is presented as a computer print-out, such print-out shall be prepared as follows:
    1. (i) subject to subparagraph (ix), the layout and contents of the request and the demand when presented as computer print-outs shall correspond to the format of Forms PCT/RO/101 (request Form) and PCT/IPEA/401 (demand Form) ("the printed Forms"), with the same information being presented on the corresponding pages;
    2. (ii) all boxes shall be drawn by solid lines; double lines may be presented as single lines;
    3. (iii) the box numbers and box titles shall be included even where no information is supplied therein;
    4. (iv) the boxes for use by the International Authorities shall be at least as large as those on the printed Forms;
    5. (v) all other boxes shall be within one cm in size of those on the printed Forms;
    6. (vi) all text shall be 9 points or larger in size;
    7. (vii) titles and other information shall be clearly distinguished;
    8. (viii) explanatory notes presented in italics on the printed Forms may be omitted;
    9. (ix) the request and the demand when presented as computer print-outs may contain additional or alternative details concerning the means of communication with the applicant.
  9. (i) Other formats permitted for the presentation of the request and the demand as computer print-outs may be determined by the Director General. Any such format shall be published in the Gazette.
  10. (j) The page-based layout of a Form generated from a character-coded format shall be permitted if it is generated using a stylesheet provided by the International Bureau.
  11. (k) A Form may be transmitted by one Office, International Authority or the International Bureau to another in character-coded format only, without its page based layout, if the recipient Office, Authority or Bureau has agreed to receive the information in such format and has agreed to generate any page based layout which may be required for the recipient Office’s file records.
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