Article 150 - OJ 1999, 329

Access to PCT files

- OJ 1999, 329 -

1. Revised Rule 94 PCT liberalises the conditions under which third parties may have access to documents contained in the file relating to any international application filed on or after 1 July 1998.

Rule 94.1(b) PCT provides that documents held in the files of the International Bureau of WIPO will be available to third parties, subject to Article 38 PCT, as of the international publication date.

Rule 94.2 PCT provides that once the International Preliminary Examination Report has been established, the International Preliminary Examining Authority is obliged, upon the request of any elected office and subject to reimbursement of any expense incurred, to furnish copies of any document in its file.

Rule 94.3 PCT provides that any elected office may, after international publication, allow access by third parties to any documents regarding an international application, including international preliminary examination, contained in its files to the same extent as provided for by national law for access to the file of a national application.

2. So far as the EPO is concerned, this means that following completion of the International Preliminary Examination Report, third party access will be allowed to all documents pertaining to the international preliminary examination, though not documents clearly intended for internal use only, provided the applicant has signalled his intention to enter the European phase before the EPO as elected office by performing at least one of the acts listed in Rule 104(b)(1) EPC.

It should be noted, however, that the EPO does not intend to request copies of documents on behalf of applicants from an International Preliminary Examining Authority other than itself under Rule 94.2 PCT unless the EPO itself requires these documents in connection with processing of the international application before it as elected office.