Unit 3 -PCT Flashcards
What are the advantages of filing a PCT application?
- 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
What are the minimum requirements for obtaining a filing date? (PCT)
- 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
When is the transmittal fee due? (PCT)
On filing
When is the search fee due? (PCT)
On filing
When is the filing fee due? (PCT)
On filing
When is the fee for obtaining priority document due? (PCT)
On filing
When is the fee for Restoration of Right to Priority due? (PCT)
On filing
What is the deadline for filing supplementary international search?
22 months from the earliest priority date
When does the PCT application publish?
ASAP after 18 months from priority date
What is the deadline for filing Article 19 amendments?
- 16 months from earliest priority date
Or
- 2 months from date of mailing of ISR
Whichever is later
What is the deadline for filing a demand for International Preliminary Examination?
- 22 months from earliest priority date
Or
- 3 months from date of ISR
Whichever is later
When is the fee for filing a demand due? (PCT)
- 1 month after filing Demand
Or
- 22 months from earliest priority date
Whichever is later
What is the deadline for responding to Written Opinion on a Demand case?
2 months from date of Written Opinion
Extendible by 1 month on request
Define regional phase
Filing international application in a group of countries e.g EP
What is the deadline for entering EP regional phase?
31 months from earliest priority date on PCT application
What is the deadline for filing GB national phase?
31 months from earliest priority date
What is the deadline for entering national phase in India?
31 months from earliest priority date
What is the deadline for entering national phase in US?
30 months from earliest priority date
What is the deadline for entering national phase in China?
30 months from earliest priority date
What is the deadline for entering national phase in Japan?
30 months from earliest priority date
What is the minimum requirement for entering GB national phase
- 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)
How long is the priority period for PCT application?
12 months
What is the deadline for filing Form 7, 9A & 10 on GB national phase application?
- usual prescribed period
Or
- 2 months after national phase entry
Whichever is later
(Extendible by 2 months - PF52 & fee)
What is the minimum requirement for entering EP regional phase?
- 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
Where can you file? (PCT)
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)
What happens if PCT filed at non-competent RO or not in prescribed language of RO?
- RO will forward application to IB
- Keeps filing date as date received at non-competent RO
- IB will act as RO from then on
What is the deadline for filing a search request (Form 9A) and Examination Request (Form 10) on a GB national phase filing?
- Usual prescribed period
or
- 2 months from national phase entry
Whichever is later
(Extendible by 2 months - PF52 & fee)
What fees need to be paid for filing a Demand?
- International Preliminary Examination Fee
- Handling fee
How to file a Demand?
- File a request for IPE (Demand)
- Pay handling fee
- Pay International Preliminary Examination fee