Notes to the demand form (PCT/IPEA/401) (page 2) (July 2019)
Insert in Box No. II of the demand the required indications as
in Boxes Nos. II and III of the request. The Notes to the request
apply mutatis mutandis. If there are two or more applicants for
the States elected in the demand, give the required indications
for each of them; if there are more than three applicants, make
the required indications on the “Continuation Sheet”.
If diﬀ erent applicants were indicated in the request for
diﬀ erent designated States, there is no need to again indicate in
the demand the States for which a person is applicant, because
those indications have been made in the request.
Applicant’s registration number with the Office
(Rule 53.4): Where the applicant is registered with the national
or regional Oﬃ ce that is acting as International Preliminary
Examining Authority, the demand may indicate the number or
other indication under which the applicant is so registered.
An E-mail address should be indicated for the person named
in Box No. II in order to allow rapid communication with the
applicant (see Rule 4.4(c)). Any telephone or facsimile number
should include the applicable country and area codes. A single
e-mail address only should be indicated.
Unless one of the applicable check-boxes is marked, any
e -mail address supplied will be used only for the types of
communication which might be made by telephone. If one of the
applicable check-boxes is marked, the International Bureau and
the International Preliminary Examining Authority may, if they
wish to do so, send notiﬁ cations in respect of the international
application to the applicant by e-mail, thus avoiding processing or
postal delays. Note that not all Oﬃ ces will send such notiﬁ cations
by e-mail, (for details about each Oﬃ ce’s procedure see the PCT
Applicant’s Guide, Annex B). If the ﬁ rst check-box is marked, any
such e-mail notiﬁ cation will always be followed by the oﬃ cial
notiﬁ cation on paper. Only that paper copy of the notiﬁ cation is
considered the legal copy of the notiﬁ cation and only the date of
mailing of that paper copy will commence any time limit within
the meaning of Rule 80. If the second check-box is marked, the
applicant requests the discontinuation of the sending of paper
copies of notiﬁ cations and acknowledges that the date of mailing
indicated on the electronic copy will commence any time limit
within the meaning of Rule 80.
Note that it is the applicant’s responsibility to keep any
e-mail address details up-to-date and to ensure that incoming
e-mails are not blocked, for any reason, on the recipient’s side.
Changes to the e-mail address indicated should be requested
to be recorded, preferably directly at the International Bureau,
under Rule 92bis. Where the e-mail authorization is given
both in respect of the applicant and in respect of an agent
or common representative, the International Bureau and the
International Preliminary Examining Authority will send
e-mail communications only to the appointed agent or common
BOX No. III
Agent or Common Representative (Rules 53.5, 90.1
and 90.2): Mark the applicable check-boxes to indicate ﬁ rst
whether the person named in this Box is agent or common
representative, then whether that person has been appointed earlier
(i.e., during the procedure under Chapter I), or is appointed in
the demand and any earlier appointment of another person is
revoked, or is appointed speciﬁ cally for the procedure before
the IPEA (without revocation of any earlier appointment), in
addition to the person(s) appointed earlier.
Where an additional person is appointed speciﬁ cally for the
procedure before the IPEA, all notiﬁ cations issued by the IPEA
will be addressed only to that additional person.
A separate power of attorney must be ﬁ led with the IPEA,
the International Bureau or the receiving Oﬃ ce, if the person
appointed at the time the demand is ﬁ led (i.e., was not appointed
earlier) signs the demand on behalf of the applicant (Rule 90.4).
However, the receiving Oﬃ ce, the International Bureau or the
IPEA may waive the requirement that a separate power of attorney
be ﬁ led. For details, see the PCT Applicant’s Guide, Annex B(IB),
Annex C and Annex E.
Agent’s registration number with the Oﬃ ce (Rule 53.5):
Where the agent is registered with the national or regional Oﬃ ce
that is acting as International Preliminary Examining Authority,
the demand may indicate the number or other indication under
which the agent is so registered.
E-mail address (see Notes to Box. No. II).
Address for Correspondence (Rule 4.4(d) and
Section 108): Where an agent is appointed, any correspondence
intended for the applicant will be sent to the address indicated
for that agent (or for the ﬁ rst-mentioned agent, if more than one
is appointed). Where one of two or more applicants is appointed
as common representative, the address indicated for that applicant
in Box No. III will be used.
Where no agent or common representative is appointed, any
correspondence will be sent to the address, indicated in Box No. II,
of the applicant (if only one person is named as applicant) or of
the applicant who is considered to be common representative (if
there are two or more persons named as applicants). However,
if the applicant wishes correspondence to be sent to a diﬀ erent
address in such a case, that address may be indicated in Box No. III
instead of the designation of an agent or common representative.
In this case, and only in this case, the last check-box of Box No. III
must be marked (that is, the last check-box must not be marked
if either of the check-boxes “agent” or “common representative”
in Box No. III has been marked).
BOX No. IV
Statement Concerning Amendments (Rules 53.2(a)(iv),
53.9, 62, 66.1 and 69.1): The international preliminary
examination will start on the basis of the international application
as ﬁ led or, if amendments have been ﬁ led, as amended. Mark
the appropriate check-box(es) to enable the IPEA to determine
when and on what basis it can start international preliminary
Mark the corresponding check-box(es) under No. 1
where the international preliminary examination should start
on the basis of the international application as originally ﬁ led
or where amendments are to be taken into account, as the case
may be. Where amendments under Article 19 are to be taken
into account, the applicant should preferably submit a copy of
the amendments made under Article 19, the letter accompanying
the amendments (Rules 62.1(ii) and 46.5(b)) and any statement
(Rule 62.1(ii)). Where amendments under Article 34 are to
be taken into account, the applicant must submit with the
Demand the amendments of the international application under
Article 34, together with a letter which must draw attention
to the diﬀ erences caused by the amendments and indicate the
basis for the amendments in the application as ﬁ led and shall
also explain the reasons for the amendments (Rule 66.8). If a