Unit 3 -PCT

Question 1

What are the advantages of filing a PCT application?

Answer 1

• Convenience - 1 application covers 153 countries & regions
• File in English at UKIPO, EPO or IB
• Postpones major costs involved with National/Regional filings
• More easily to make corrections through a single office
• Can save time during national prosecution

Question 2

What are the minimum requirements for obtaining a filing date? (PCT)

Answer 2

• Right to file (At least 1 Applicant is a national or resident of a PCT contracting state)
• Application in prescribed language for the RO

Indicate application is a PCT application

• Designation of at least one PCT state
• Applicant details
• Description and claims

Question 3

When is the transmittal fee due? (PCT)

Answer 3

On filing

Question 4

When is the search fee due? (PCT)

Answer 4

On filing

Question 5

When is the filing fee due? (PCT)

Answer 5

On filing

Question 6

When is the fee for obtaining priority document due? (PCT)

Answer 6

On filing

Question 7

When is the fee for Restoration of Right to Priority due? (PCT)

Answer 7

On filing

Question 8

What is the deadline for filing supplementary international search?

Answer 8

22 months from the earliest priority date

Question 9

When does the PCT application publish?

Answer 9

ASAP after 18 months from priority date

Question 10

What is the deadline for filing Article 19 amendments?

Answer 10

• 16 months from earliest priority date

Or

• 2 months from date of mailing of ISR

Whichever is later

Question 11

What is the deadline for filing a demand for International Preliminary Examination?

Answer 11

• 22 months from earliest priority date

Or

• 3 months from date of ISR

Whichever is later

Question 12

When is the fee for filing a demand due? (PCT)

Answer 12

• 1 month after filing Demand

Or

• 22 months from earliest priority date

Whichever is later

Question 13

What is the deadline for responding to Written Opinion on a Demand case?

Answer 13

2 months from date of Written Opinion

Extendible by 1 month on request

Question 14

Define regional phase

Answer 14

Filing international application in a group of countries e.g EP

Question 15

What is the deadline for entering EP regional phase?

Answer 15

31 months from earliest priority date on PCT application

Question 16

What is the deadline for filing GB national phase?

Answer 16

31 months from earliest priority date

Question 17

What is the deadline for entering national phase in India?

Answer 17

31 months from earliest priority date

Question 18

What is the deadline for entering national phase in US?

Answer 18

30 months from earliest priority date

Question 19

What is the deadline for entering national phase in China?

Answer 19

30 months from earliest priority date

Question 20

What is the deadline for entering national phase in Japan?

Answer 20

30 months from earliest priority date

Question 21

What is the minimum requirement for entering GB national phase

Answer 21

• Pay national processing fee
• File translation of application (if required)
• Form NP1
• Form 7 (if inventor details not given on PCT)

(Extendible by 2 months - PF52 & fee)

Question 22

How long is the priority period for PCT application?

Answer 22

12 months

Question 23

What is the deadline for filing Form 7, 9A & 10 on GB national phase application?

Answer 23

• usual prescribed period

Or

• 2 months after national phase entry

Whichever is later

(Extendible by 2 months - PF52 & fee)

Question 24

What is the minimum requirement for entering EP regional phase?

Answer 24

• File Form 1200 (Enter EP regional phase)
• File any amendments
• Translation into official language of EPO
• Provide details of representative
• File request for examination
• Designation of states (at least 1 EPC contracting state)
• Pay necessary fees
• Specify what is basis for examination

Question 25

Where can you file? (PCT)

Answer 25

At correct Receiving Office in a country in at least one of the applicants is a resident or national - National Receiving Office - Applicant national/resident in UK (UKIPO) - Regional Office - Applicant national/resident of an EP country (EPO) - International Bureau - For any Applicant who has right to file PCT application (IB)

Question 26

What happens if PCT filed at non-competent RO or not in prescribed language of RO?

Answer 26

- RO will forward application to IB - Keeps filing date as date received at non-competent RO - IB will act as RO from then on

Question 27

What is the deadline for filing a search request (Form 9A) and Examination Request (Form 10) on a GB national phase filing?

Answer 27

- Usual prescribed period or - 2 months from national phase entry Whichever is later (Extendible by 2 months - PF52 & fee)

Question 28

What fees need to be paid for filing a Demand?

Answer 28

- International Preliminary Examination Fee | - Handling fee

Question 29

How to file a Demand?

Answer 29

- File a request for IPE (Demand) - Pay handling fee - Pay International Preliminary Examination fee