PCT Flashcards
(31 cards)
To be accorded PCT filing date
Entitled to file application at the rO
Use a prescribed language
An indication that an international patent application is sought
Information to identify the applicant
Designation of at least one contracting state
A description
one or more claims
Fees due
Within 1 mo of receipt of international application
-Transmittal fee to rO
-Search fee to ISA
-International filing fee to WIPO (incl fee per sheet >30pages)
If some or all fees not paid- invited to pay within 1 mo with surcharge - not less than transmittal fee but not more than 50% of filing fee.
Translation
Within 1 mo of date of receipt by rO
If not supplied, invited to file within 1 mo with late furnishing fee
Minor defects
Invited to correct deficiencies within 2 mo
No title, no abstract, missing signautre
Priority
Can claim within 12 mo of filing the earlier application
From earlier national filing, an earlier EP filing, an earlier PCT filing
A certified copy of the priority is required within 16mo from priority date
Changing priority claim
Can voluntarily change or amend priority claim up to 4mo from filing date or if later 16mo from the priority date, provided such notice may be submitted up to 4mo of filing
Restoration of priority
Max extension of priority period by 2 mo
Must include statement of reason of failure to comply within time limit
Incompatibility with priority restoration
Brazil, Colombia, Cuba, Czech, Germany, Algeria, Greece, Indonesia, Korea, Philippines
Incompatibility of the effect of decision of rO on dO
Brazil, China, Colombia, Cuba, Czech, Germany, Algeria, Indonesia, India, Korea, Lithuania, Mexico, Philippines, Turkey
Incompatibility with restoration right of priority by dO
Brazil, Canada, China, Colombia, Cuba, Czech, Germany, Algeria, Indonesia, India, Korea, Mexico, Philippines, Turkey
ISAs
Australia, Austria, Brazil, Canada, chile, china, Egypt, Finaldn, India, Israel, Japan, Korea, Singapore, Spain, Sweden, Turkey, Ukraine, Russia, US, EPO, Nordic Patent Institute (DNI), Visegraad Patent Institute (Cz, Hungary, Poland, Slovakia)
If not unified
Invited to pay one or more fees within 1 mo
Search report
Issues within 3mo of receipt of search copy by ISA or
9 mo from priority - which ever expires later
Article 19
amendment opportunity #1 - can be made only after receipt of SR & WO
Up to later of
16 mo from priority or
2 mo from transmittal of SR&WO to applicant/IB
Must be filed at the IB in the language of the publication
Must be made to CLAIMS only
Publication language
English, French, German, Japanese, Russian, Spanish, Chinese, Korean, Arabic, Portugese
Technical preparations for publication
Completed around 15th day prior to publication
Withdrawal request must reach IB before then
Chapter 1
No demand filed
ISR &WO converted into IPRP Ch1
Applicants can submit written comments on informal bases
Chapter II (International examination)
Must file a demand
3 mo from transmittal of ISR &WO
22mo from priority date
Upon receipt of demand/payment of fee/handling fee/ISR&WO issued - sent to IPEA and IPEA will start IPE unless explicitly asked to postpone
IPEA will conduct a top-up search and issue a WO taking into account Art 34 amendments
Article 34
Amendment opportunity #2 - within demand time limit, can file arguments concerning WO, amend description/claims/drawings
How many contracting states?
156
What is a PCT?
Centralised filing system
Makes it possible to seek patent protection for an invention simultaneously in a large no of countries by filing a single international application
One language, one set of fees, one set of deadlines
Defers - translation costs, local agent costs, national office fees
ISA
ISA identifies published patent documents and technical literature which may influence patentability and establishes a written opinion
Supplementary search
Second ISA identifies at request, other prior art documents
International preliminary examination
May request examination - usually on an amended application in light of the written opinion
