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§ 709 Means of Communication - ADMINISTRATIVE INSTRUCTIONS UNDER THE PCT

§ 709 Means of Communication

(a) Where an international application is filed in electronic form and by electronic means of transmittal, the receiving Office shall, if practicable,

See footnote 29.

send any notifications, invitations and other correspondence to the applicant by electronic means of transmittal in accordance with Annex F, or by such other means indicated by the applicant from among those offered by the Office.

(b) Where it appears to the receiving Office that a notification, invitation or other correspondence sent to the applicant by electronic means of transmittal was not successfully transmitted, the Office shall, if practicable,52 promptly retransmit the notification, invitation or other correspondence by the same or another means.

Section 709(b) as presently drafted does not impose any requirement for the receiving Office to ascertain whether an electronic communication sent by it has in fact been received by the applicant. Further consideration should be given to developing suitable systems. Those systems could then be included as Annex F requirements and suitable wording included in Section 709(b).

(c) At times when the electronic systems of the receiving Office are not available for the filing of documents in electronic form or by electronic means of transmittal, the Office shall, if possible, promptly publish information to that effect by means reasonably available to it under the circumstances, for example, by including a notice on the Office's Internet site, if any.

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