Notice concerning transmitting PCT Rule 26bis.3 documents to the International Bureau

PCT Rule 26bis.3(h) has been amended, effective July 1, 2016, so as to require receiving Offices to forward copies of all documents submitted by the applicant in the course of a restoration request to the International Bureau, unless the receiving Office finds that publication or public access to any such document would prejudice the personal or economic interests of any person and that there is no prevailing public interest to have access to such document.

As is currently the case the Canadian receiving Office will continue to protect from publication sensitive information including credit card details, bank details, social security numbers, medical certificates or excerpts of docketing calendars containing confidential information regarding the filing of other PCT or national patent, trademark or design applications, submitted in support of a restoration request under PCT Rule 26bis.

In accordance with PCT Rule 48 the publication of the international application shall contain any information concerning a request under PCT Rule 26bis.3 for restoration of the right of priority and the decision of the receiving Office upon such request. Pursuant to new PCT Rule 48.2(l), also effective July 1, 2016, the applicant may make a reasoned request to the International Bureau to omit from publication any information that would prejudice the personal or economic interests of any person and where there is no prevailing public interest to have access to such information.  Such a reasoned request to omit information from publication must be received by the International Bureau prior to the completion of the technical preparations for international publication.

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