Unit 3 - PCT Applications

Question 1

What the advantages of filing a PCT application?

Answer 1

• Convenience; 1 application covers 152 countries and regions.
• Postpones the major costs involved national and regional filing.
• More easily able to make corrections through a single office.
• Can save time during national and regional prosecution.

Question 2

What are the minimum requirements for obtaining a filing date?

Answer 2

• Right to file; at least one applicant is a resident or national of a PCT contracting state.
• Indication that application is a PCT
• designate at least one PCT state
• Applicant details
• Description and claims

Question 3

When is the transmittal fee due?

Answer 3

On filing

Question 4

When is the search fee due?

Answer 4

On filing.

Question 5

When is the filing fee due?

Answer 5

On filing.

Question 6

When is the fee for obtaining priority documents due?

Answer 6

On filing.

Question 7

When is the fee for restoration of priority due?

Answer 7

On filing.

Question 8

When must the international searching authority be the EPO?

Answer 8

When the receiving office is either the UKIPO, EPO or the IB and all applicants are EPC nationals.

Question 9

When is the supplementary search request due?

Answer 9

22 months from earliest priority date.

Question 10

What is the benefit of completing a supplementary search of the application?

Answer 10

Reduces the likelihood of new prior art being cited in the national or regional phase.

Question 11

What is the due date for responding to the written opinion?

Answer 11

Later of:-

• 16 months from earliest priority date, or;
• 2 months from mailing date of the internal search report and written opinion.

Question 12

What is the deadline for filing a demand for international preliminary examination?

Answer 12

Later of:-

• 22 months from earliest priority date, or
• 3 months from the mailing date of the international search report.

Question 13

When is the fee for filing a demand due?

Answer 13

Later of:-

• 1 month from date of demand, or;
• 22 months from earliest priority date.

Question 14

Define regional phase?

Answer 14

Filing the international application in a group of countries for example, EP.

Question 15

What is the deadline for entering the GB national phase?

Answer 15

31 months from the earliest priority date of the international patent application.

Question 16

What is the deadline for entering the EP regional phase?

Answer 16

31 months from the earliest priority date of the international patent application.

Question 17

What is the deadline for entering the Indian national phase?

Answer 17

31 months from the earliest priority date of the international patent application.

Question 18

What is the deadline for entering the US national phase?

Answer 18

30 months from the earliest priority date of the international patent application.

Question 19

What is the deadline for entering the Chinese national phase?

Answer 19

30 months from the earliest priority date of the international patent application.

Question 20

What is the deadline for entering the Japanese national phase?

Answer 20

30 months from the earliest priority date of the international patent application.

Question 21

Should both nationality and residence be filled out on PCT forms regardless of if the applicant is a company or natural person?

Answer 21

Yes.

Question 22

How should representative details be formatted on PCT forms?

Answer 22

Name of agent
Name of firm
Address

Question 23

When are formal drawings due on a PCT application.

Answer 23

On filing.