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Changes to the PCT Regulations which came into effect on 1 April 2005 The Smart Patenting Solution.

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Presentation on theme: "Changes to the PCT Regulations which came into effect on 1 April 2005 The Smart Patenting Solution."— Presentation transcript:

1 Changes to the PCT Regulations which came into effect on 1 April 2005 The Smart Patenting Solution

2 Changes to the PCT Regulations as in force on 1 April 2005 Fee for late furnishing of paper or electronic version of sequence listing to ISA and/or IPEA Simplified ISA/IPEA protest procedure in case of non-unity of invention Corrigenda and consequential amendments to the Rule changes which entered into force 1 January 2004 For further information on the amendments adopted by the PCT Assembly of September 27 to October 5, 2004 (including the Assembly report (PCT/A/33/7)), see

3 Fee for late furnishing of sequence listing to ISA and/or IPEA If the international application as filed does not contain: –a written sequence listing complying with the Standard; and/or –a sequence listing in electronic form complying with the Standard, the ISA invites the applicant to furnish to it a listing (in such format) complying with the Standard, unless such a listing is already available to it, and to pay to it, where applicable, a late furnishing fee (Rule 13ter.1(a) and (b)) If the applicant does not comply with the invitation (that is, furnish the sequence listing in the required format and pay the late furnishing fee) within the time limit fixed in the invitation, the ISA is not required to search the application to the extent that a meaningful search cannot be carried out without the listing (Rule 13ter.1(d))

4 Simplified ISA/IPEA protest procedure in case of non-unity of invention Where the ISA or IPEA finds that there is more than one invention in an international application, the Authority will (by way of Form PCT/ISA/206 or PCT/IPEA/405) invite the applicant: –to pay, within one month from the date of the invitation, additional search or preliminary examination fees; and, –if the applicant wishes to pay the additional fees under protest, to pay a protest fee to those ISAs or IPEAs which require it (AT, CN, EP*, KR) (part of the same invitation) If, upon review, the ISA or IPEA concludes that the protest was justified, the additionally paid fees will be refunded either totally or partially; the protest fee will only be refunded if the Authority finds that the protest was entirely justified The PCT no longer foresees the possibility of a second level review of the protest by the Authority * For further details on the requirement and time limit to pay a protest fee to ISA/IPEA/EP, see OJ EPO, 3/2005, p. 226

5 Corrigenda and consequential amendments to the Rule changes which entered into force 1 January 2004 Where the IPEA wishes to start the international preliminary examination at the same time as the international search (telescope procedure), the applicant may request in the demand (in Box IV, item 3 of Form PCT/IPEA/401) the start of the international preliminary examination to be postponed until the expiration of the time limit within which amendments under Article 19 have to be submitted, that is, two months from the date of transmittal of the international search report (Rules 53.9, 69.1(d)(iii) and 46.1) The amendment clarifies that the postponement of the start of preliminary examination can only be requested in the exceptional circumstance where the applicant has filed a demand before the start of the international search and that the start can only be postponed until the expiration of the time limit to file amendments under Article 19

6 Entry into force; transitional arrangements Generally, all amendments apply to international applications filed on or after 1 April 2005 However, certain amendments concerning the Chapter II procedure (protest procedure before IPEA, late furnishing of sequence listings to IPEA, postponement of start of the international preliminary examination, etc.) apply to international applications in respect of which a demand is filed on or after 1 April 2005, irrespective of the international filing date Other exceptions apply


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