Notification Concerning Paper Being Disregarded {PCT-IPEA-438}

PCT/IPEA/438, NOTIFICATION CONCERNING PAPER BEING DISREGARDED OR DOCUMENT CONSIDERED AS NOT HAVING BEEN SUBMITTED (PCT Rules 92.1(b), last sentence, and 92.4(g (ii)). This form is a notification issued by the International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT). This notification concerns a situation where a paper submitted by the applicant during the international preliminary examination (IPE) process is disregarded or considered as not having been submitted by the IPEA. PCT Rule 92.1(b), last sentence, provides that if a document submitted by the applicant is illegible or not capable of being reproduced, the IPEA may disregard the document. Similarly, PCT Rule 92.4(g)(ii) provides that if the applicant fails to comply with the requirements for the format and content of the international preliminary examination report (IPER), the IPEA may consider the IPER as not having been submitted. The notification PCT/IPEA/438 is typically issued by the IPEA to inform the applicant and the International Bureau (IB) that a paper submitted by the applicant has been disregarded or considered as not having been submitted by the IPEA. The notification will provide a brief explanation of the reasons for the disregard or non-consideration of the paper, and will also inform the applicant that any information or arguments contained in the disregarded paper will not be taken into account in the IPE report. It is important for the applicant to ensure that all papers submitted during the IPE process comply with the requirements of the PCT and any instructions provided by the IPEA to avoid any papers being disregarded or not considered. www.FormsWorkflow.com