PCT deadlines Flashcards
Pay PCT fees
Within 1 month of receipt of application
Application filed in language of RO but not language accepted by ISA, file translation into language accepted by ISA and of publication
Within 1 month of receipt of application
Application filed in accepted language of RO and ISA, but not a language of publication, file translation
Within 14 months of priority date
Application filed in accepted language of RO and ISA, but not a language of publication, and miss initial (14m deadline) to file translation, when to file translation and pay late furnishing fee
If this is missed, it is deemed done in time if received when?
Within 16 months of priority (upon invite)
But if received within 17 months and declaration that international , deemed received on time
Within 17 months and declaration that international app deemed withdrawn not issued yet
If translation not filed, file translation and pay late furnishing fee
Later of 1 month from invite and 2 months from filing
If translation not filed by later of 1m from invite/2m from filing, can file translation and pay late fee until when for it to be deemed received on time
Before RO declares international application withdrawn, and before 15 months from priority
File missing parts (to accord filing date)
2 months from invite or date of receipt of papers if applicant notices of own accord
File request for filed missing part to be disregarded, so that international filing date not re-dated
Within 1 month of notification of re-date
RO transmit record copy to IB
Not later than 5 days prior to end of 13 month from priority date
If record copy not sent to IB by end of 14th month, RO/applicant send record copy to IB by when
Within 3 months of invite
Completion of technical preparations for international publication
Not later than 15 days before date of publication
File certified copy of priority doc to IB/RO
16 months from priority. But, if received before publication, deemed filed on time.
Add/correct priority claim
Later of 4 months from international filing date and 16 months from earlier of original and corrected priority date, and only where no request for early publication made / any such request is withdrawn before technical preparations for publication completed
Request IB to change applicant/inventor/agent/common representative info
Within 30 months of priority
ISA aim to establish ISR
Within later of
- 9 months from priority
- 3 months from receipt of search copy from RO
ISR usually expected
Around 16 months after priority date
ISR invite applicant to pay additional search fee(s)
Within 1 month from invite
Article 19 amendments
Later of
- 16 months from priority
- 2 months from transmittal of ISR
But if received before completion of technical preparations for publication, deemed filed in time
Publication of international application
The first Thursday after 18 months from priority date
Request supplementary international search (SIS)
Within 22 months from priority date
Pay SIS fee and handling fee
Within 1 month from filing SIS request
SIS report issues
Within 28 months from priority
File Chapter II Demand
Within later of
- 22 months from priority
- 3 months from transmittal of full ISR+WO
Pay 2 Demand fees (prelim exam fee and handling fee) to IPEA
Within later of
- 1 month of receipt of Demand by IPEA
- 22 months from priority
Insufficient fee (initial fees, SIS/handling fee, Demand fee) paid, pay with 50% late fee
Within 1 month from invite
If missed but paid before declaration issued deeming app. withdrawn, deemed paid on time.
Where Demand filed at non-competent IPEA, ISA, RO or IB, and more than one IPEA competent for the applicant, applicant invited to indicate IPEA
Later of:
- deadline to file Demand
- 15 days of invite
Invite applicant to remedy defects in Demand
At least 1 month from invite
IPEA usually issues
28 months from priority date
Respond to first issue of WO (inf Demand filed), before IPER issues
Within 2 months of issue of WO
Request rectification (correction) of obvious mistake
Within 26 months of priority
Where RO refused to accord filing date / app considered withdrawn / record copy not received by IB in time, applicant can request IB to send copies of any docs in file to any designated Offices by when, to let them decide whether decision was justified under PCT
Within 2 months of being notified
If drawing mentioned in application but not filed, file drawings
At least 2 months from invite
Convert international application into utility model once processing of international application has started in that Contracting State
At least 2 months after NP entry deadline
Propose modified abstract
Until 1 month after ISR mailed
