Unit 3 -PCT Flashcards

1
Q

What are the advantages of filing a PCT application?

A
  • 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
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2
Q

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

A
  • 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
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3
Q

When is the transmittal fee due? (PCT)

A

On filing

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4
Q

When is the search fee due? (PCT)

A

On filing

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5
Q

When is the filing fee due? (PCT)

A

On filing

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6
Q

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

A

On filing

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7
Q

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

A

On filing

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8
Q

What is the deadline for filing supplementary international search?

A

22 months from the earliest priority date

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9
Q

When does the PCT application publish?

A

ASAP after 18 months from priority date

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10
Q

What is the deadline for filing Article 19 amendments?

A
  • 16 months from earliest priority date

Or

  • 2 months from date of mailing of ISR

Whichever is later

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11
Q

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

A
  • 22 months from earliest priority date

Or

  • 3 months from date of ISR

Whichever is later

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12
Q

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

A
  • 1 month after filing Demand

Or

  • 22 months from earliest priority date

Whichever is later

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13
Q

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

A

2 months from date of Written Opinion

Extendible by 1 month on request

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14
Q

Define regional phase

A

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

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15
Q

What is the deadline for entering EP regional phase?

A

31 months from earliest priority date on PCT application

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16
Q

What is the deadline for filing GB national phase?

A

31 months from earliest priority date

17
Q

What is the deadline for entering national phase in India?

A

31 months from earliest priority date

18
Q

What is the deadline for entering national phase in US?

A

30 months from earliest priority date

19
Q

What is the deadline for entering national phase in China?

A

30 months from earliest priority date

20
Q

What is the deadline for entering national phase in Japan?

A

30 months from earliest priority date

21
Q

What is the minimum requirement for entering GB national phase

A
  • 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)

22
Q

How long is the priority period for PCT application?

A

12 months

23
Q

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

A
  • usual prescribed period

Or

  • 2 months after national phase entry

Whichever is later

(Extendible by 2 months - PF52 & fee)

24
Q

What is the minimum requirement for entering EP regional phase?

A
  • 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
25
Q

Where can you file? (PCT)

A

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)
26
Q

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

A
  • RO will forward application to IB
  • Keeps filing date as date received at non-competent RO
  • IB will act as RO from then on
27
Q

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

A
  • Usual prescribed period

or

  • 2 months from national phase entry

Whichever is later

(Extendible by 2 months - PF52 & fee)

28
Q

What fees need to be paid for filing a Demand?

A
  • International Preliminary Examination Fee

- Handling fee

29
Q

How to file a Demand?

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