PA 89A – International and national phases of applications Flashcards
What does S89A concern
International and National Phases of application
When do PCT search, exam, publication and amendment provisions apply
S89A(1)
during the international phase
When is the international phase
S89A(“)
from PCT filing until the national phase begins
When does a national phase begin
S89A(3)
a) when the 31 MONTH period from priority expires and an English translation is filed with the UKIPO OR
b) a REQUEST FOR EARLY ENTRY into national phase is filed AND a EN translation is filed
AND the national FEE is paid
What happens if the national phase does not begin (i.e. entry steps are not taken)
the application is considered as withdrawn
When should amendments made during the international phase be filed
S89A(5)
on entry to the national phase (with translation)
What happens if an amendment filed during the international phase is not filed on entry to the national phase
S89A(5)
the amendment is disregarded
When with a national phase application be published
S89A(6)
On payment of a FEE (i.e. in English, conferring S69 rights if not previously obtained by the PCT)
what translations might be required for entering the GB national phase
R69
(1) if the published PCT spec (or bio matter) is not in English
(2)(3) if no PCT publication is avaliable, the applicant must also translate the abstract
(4) any published amendment, or amendment annexed to the IPER
What is the deadline for providing translations of international phase amendments
R69(5)
PROVIDING the application was translated and filed by 31-Month deadline
THEN THREE MONTHS FROM NOTIFICATION by the Comptroller to file translation of the amendments
Can entry to the GB national phase be extended
YES
under R108(2) a TWO MONTH (retrospective) extension is avaliable FORM + FEE
