PCT

Question 1

To be accorded PCT filing date

Answer 1

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

Question 2

Fees due

Answer 2

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.

Question 3

Translation

Answer 3

Within 1 mo of date of receipt by rO
If not supplied, invited to file within 1 mo with late furnishing fee

Question 4

Minor defects

Answer 4

Invited to correct deficiencies within 2 mo
No title, no abstract, missing signautre

Question 5

Priority

Answer 5

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

Question 6

Changing priority claim

Answer 6

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

Question 7

Restoration of priority

Answer 7

Max extension of priority period by 2 mo
Must include statement of reason of failure to comply within time limit

Question 8

Incompatibility with priority restoration

Answer 8

Brazil, Colombia, Cuba, Czech, Germany, Algeria, Greece, Indonesia, Korea, Philippines

Question 9

Incompatibility of the effect of decision of rO on dO

Answer 9

Brazil, China, Colombia, Cuba, Czech, Germany, Algeria, Indonesia, India, Korea, Lithuania, Mexico, Philippines, Turkey

Question 10

Incompatibility with restoration right of priority by dO

Answer 10

Brazil, Canada, China, Colombia, Cuba, Czech, Germany, Algeria, Indonesia, India, Korea, Mexico, Philippines, Turkey

Question 11

ISAs

Answer 11

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)

Question 12

If not unified

Answer 12

Invited to pay one or more fees within 1 mo

Question 13

Search report

Answer 13

Issues within 3mo of receipt of search copy by ISA or
9 mo from priority - which ever expires later

Question 14

Article 19

Answer 14

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

Question 15

Publication language

Answer 15

English, French, German, Japanese, Russian, Spanish, Chinese, Korean, Arabic, Portugese

Question 16

Technical preparations for publication

Answer 16

Completed around 15th day prior to publication
Withdrawal request must reach IB before then

Question 17

Chapter 1

Answer 17

No demand filed
ISR &WO converted into IPRP Ch1
Applicants can submit written comments on informal bases

Question 18

Chapter II (International examination)

Answer 18

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

Question 19

Article 34

Answer 19

Amendment opportunity #2 - within demand time limit, can file arguments concerning WO, amend description/claims/drawings

Question 20

How many contracting states?

Answer 20

156

Question 21

What is a PCT?

Answer 21

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

Question 22

ISA

Answer 22

ISA identifies published patent documents and technical literature which may influence patentability and establishes a written opinion

Question 23

Supplementary search

Answer 23

Second ISA identifies at request, other prior art documents

Question 24

International preliminary examination

Answer 24

May request examination - usually on an amended application in light of the written opinion

Question 25

Who can apply

Answer 25

National or resident of a contracting state

Question 26

Filed in a language accepted by rO but not ISA

Answer 26

File translation within 1 mo of date of receipt by rO

accepted by ISA and language of publication

Question 27

If application filed in a language accepted by rO and ISA but not language of publication

Answer 27

Must file translation into language of publication
Within 14 mo of priority

If not filed - 16 mo from priority + late furnishing fee

Question 28

If translation not furnished on time

Answer 28

Supply translation + late furnishing fee to rO within later of
1mo from invitation
2mo from filing date

Question 29

EPO is a competent ISA for applications filed at

Answer 29

EPO, national offices of EPC members, USPTO, JPO, Malaysian PO

Question 30

Supplementary international search

Answer 30

File request within 22mo from priority/filing
Pay fee to IB - within 1 mo from request
Supplementary search fee + Handling fee (2 fees)

ISA that carried out main search cannot be selected as SSA
CARRIED OUT ON INT APPLICATION AS FILED
AMENDMENTS UNDER ART 19 AND 34 NOT TAKEN INTO ACCOUNT

Issues within 28 mo from priority date

Question 31

Third party observations

Answer 31

Any one may file
from publication to 28 mo from priority date
Novelty and inventive step only
Anonymous
One person may submit one observation per international application
Max 10 observations per application
Any language of publication
can cite up to 10 documents published before priority date

Applicants may respond up to 30 mo from priority date