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§ 96.1 Schedule of Fees Annexed to Regulations - Appendix T Patent Cooperation Treaty
§ 96.1 Schedule of Fees Annexed to Regulations
The amounts of the fees referred to in Rules 15 and 57 shall be expressed in Swiss currency. They shall be specified in the Schedule of Fees which is annexed to these Regulations and forms an integral part thereof.
SCHEDULE OF FEES
(with effect from July 1, 2008)
Fees Amounts 1. International filing fee: ( Rule 15.2 ) 1,330 Swiss francs plus 15 Swiss francs for each sheet of the international application in excess of 30 sheets 2. Handling Fee: ( Rule 57.2 ) 200 Swiss francs Reductions 3. The international filing fee is reduced by the following amount if the international application is, in accordance with and to the extent provided for in the Administrative Instructions, filed: (a) on paper together with a copy thereof in electronic form, in character coded format of the request and the abstract: 100 Swiss francs (b) in electronic form, the request not being in character coded format: 100 Swiss francs (c) in electronic form, the request being in character coded format: 200 Swiss francs (d) in electronic form, the request, description, claims and abstract being in character coded format: 300 Swiss francs 4. The international filing fee (where applicable, as reduced under item 3) and the handling fee are reduced by 90% if the international application is filed by: (a) an applicant who is a natural person and who is a national of and resides in a State whose per capita national income is below US $3,000 (according to the average per capita national income figures used by the United Nations for determining its scale of assessments for the contributions payable for the years 1995, 1996 and 1997) or, pending a decision by the PCT Assembly on the eligibility criteria specified in this sub-paragraph, one of the following States: Antigua and Barbuda, Bahrain, Barbados, the Libyan Arab Jamahiriya, Oman, the Seychelles, Singapore, Trinidad and Tobago and the United Arab Emirates; or (b) an applicant, whether a natural person or not, who is a national of and resides in a State that is classed as a least developed country by the United Nations; provided that, if there are several applicants, each must satisfy the criteria set out in either sub-item (a) or (b).
_______________________ PCT INDEX-LEGEND
Acronym/Term Meaning Art. Patent Cooperation Treaty Article A.I. Patent Cooperation Treaty Administrative Instruction CFR U.S. Code of Federal Regulations DO Designated Office EO Elected Office HC Home Copy of International Application IA International Application IB International Bureau IPE International Preliminary Examination IPEA International Preliminary Examining Authority IPER International Preliminary Examination Report Ipub International Publication IS International Search ISA International Searching Authority ISR International Search Report PCT Patent Cooperation Treaty PD Priority Date of Earlier Filed National Application RC Record Copy of International Application RO Receiving Office Rule Patent Cooperation Treaty Rule SC Search Copy of International Application U.S.C. United States Code USPTO United States Patent and Trademark Office A
Abandonment of IA as to USPTO... 37 CFR 1.495(h)
Abbreviated expressions used in IA
Meaning of... A.I. 101,... 37 CFR 1.401
Codes/Indications... A.I. 115
Abstract... Rule 8
Amendment by ISA in response to applicant's comments... A.I. 515
Missing or defective... Rule 38
U.S. Rule regarding... 37 CFR 1.438
Absence of quorum in assembly, voting... Rule 25
Access to files... Rule 94, 37 CFR 1.14
Additional (new) matter in request, deletion of... A.I. 303
Addresses of applicants, inventors and agents... Rule 4.4
Administrative instructions - scope, source, entry into force... Rule 89
Administrative provisions of the PCT
Assembly... Art. 53
Committee for technical cooperation... Art. 56
Executive committee... Art. 54
Finances... Art. 57
International Bureau... Art. 55
Regulations... Art. 58
Agent
See also Common representative
See also Representative
"Applicant" encompasses the term "agent" in certain situations... Rule 2.1
Appointment of... Rule 90.1
Changes, recording of by IB... Rule 93bis.1
In general... Rule 2.2, Rule 4.7, Rule 90
Indications concerning,
In demand... Rule 53.2, Rule 53.5
In request... Art. 4, Rule 4.1, Rule 4.7
National law requirements... Art. 27,... Rule 51bis.1b
Notice of change of agent sent to IB... A.I. 328
Notice of change of agent sent from IB to ISA and IPEA... A.I. 425
Notice of change of agent sent from ISA to IB.... A.I. 512
Notice of change of agent sent from IPEA to IB... A.I. 608
Right of agent to practice before international authorities... Art. 49
Amendment
Copy of amendment under Article 19 for IPEA... Rule 62
Copy of amendment under Article 19 sent (communicated) to DO... Art. 20, Rule 47.1(b)
Definition of, before IPEA... Rule 66.5
Form of, before IPEA... Rule 66.8
Language of, before IPEA... Rule 66.9
Language of changes in the IA... Rule 12.2
Processing of Article 19 amendment by IB... A.I. 417
Processing of by IPEA... A.I. 602
Of abstract by ISA... A.I. 515
Of claims, description, and drawing before DO... Rule 52
Of claims before IB... Art. 19, Rule 46
Of claims before IPEA... Art. 34, 37 CFR 1.485
Of claims before EO... Art. 41, Rule 78
Of claims Numbering and identification in amendment... A.I. 205
Of description before IPEA... Art. 34,... 37 CFR 1.485
Of description before EO... Art. 41, Rule 78
Of drawing before EO... Art. 41, Rule 78
Of drawing before IPEA... Art. 34, 37 CFR 1.485
Of certain PCT provisions... Art. 61
See also Revision of PCT
Of PCT regulations... Rule 88, Art. 58
Sheet(s) - processing of by RO... A.I. 309
Applicant
Different applicants for different designated states... Rule 4.5... A.I. 203
Entitled to make a demand... Art. 31(2), Rule 54
First named used to identify IA... A.I. 105
Improper, in U.S. national stage... 35 U.S.C. 373
In general... Art. 9, Rule 2.1, Rule 4.5, Rule 18
Recording by IB of changes regarding applicant... Rule 92bis
U.S. regulation regarding... 37 CFR 1.421
Application - See International application
Assembly of PCT contracting states... Art. 53
Executive committee established by... Art. 54
Assignment
Of IA, possible requirement to furnish to a national Office... Rule 51bis.1
Recording by USPTO if U.S. is a designated country in the IA... 37 CFR 3.21
Authorized officer... Rule 43.8, Rule 70.14,... A.I. 514, A.I. 612
Availability of translation of IA to IB... Rule 95
Biological material invention,... Rule 13bis
Deposited, Indications as to... A.I. 209
Nucleotide or amino acid sequence listing
Sequence listing
Calendar (Gregorian to express dates)... Rule 79
See also Dates
National stage inventorship ... 37 CFR 1.41(a),... 37 CFR 1.497(d)
Re documents filed with IA... Rule 3.3
Necessary annotations by RO... A.I. 313
Amendment before EO... Art. 41
Amendment before IB... Art. 19, Rule 46
Amendment before IPEA... Art. 34, Rule 66.4,... Rule 66.8
In general... Art. 6, Rule 6
Numbering and identification upon amendment... A.I. 205
U.S. regulation regarding... 37 CFR 1.436
Change of... A.I. 106
Notice of change sent from RO to IB... A.I. 328
Notice of change sent from IB to RO, ISA, & IPEA... A.I. 425
Notice of change sent by ISA to IB... A.I. 512
Notice of change sent by IPEA to IB... A.I. 608
From IB, of IA, ISR, or any Article 17(2)(a) determination and indication that no search will be established, to each DO... Art. 20, Rule 47
... A.I. Annex F
Competent IPEA... Rule 59
Competent ISA... Art. 16, Rule 35
Competent RO... Art. 11(1)(i), Rule 19
Confidential nature
Of IA... Art. 30
Of IPE... Art. 38
Of written opinion of ISA... Rule 44ter
In electronic form
Of documents filed on paper... Rule 89ter
Of international application in pre-conversion format... A.I. 706
Of large sequence listings and/or tables related thereto... A.I. 801 - A.I. 806
Making home copy and search copy from
original IA by RO... Art. 12, Rule 21
Identifying RC, SC, and HC by RO... A.I. 305,... A.I. 804(d)
... 37 CFR 1.471
Correspondence
For applicant, to whom sent... A.I. 108
In general... Rule 92
Dates (using Gregorian calendar)... Rule 79
Format of, in IA... A.I. 110
Deadlines (See also Time limit)
Applicable to Applicants
(1) Before the RO
After which applicant can request RO to certify copy of IA as identical with IA as filed and applicant can send certified copy to IB (14 months from PD)... Rule 22.1
To correct Article 14(1) defects in IA... Art. 14(1)b
(e.g., IA is not properly signed, does not contain proper indications re applicant, has no title, has no abstract, does not comply with physical requirements in Rule 11)... Rule 26.2
Extensions of time available... Rule 26.2
Sanction: RO declares IA withdrawn under Rule 29.
To correct defects under Article 11 to obtain an international filing date... Art. 11(2),
... Rule 20
To provide missing drawings
(two months)... Art. 14(2),
... Rule 20.7, 37 CFR 1.437
To pay deficiencies in transmittal fee (Rule 14), international filing fee (Rule 15.1), search fee (Rule 16), late payment fee (Rule 16bis.2)... Art. 14(3),
... Rule 16bis, 37 CFR 1.431
Extension of time - One month set by RO when RO finds deficiency... Rule 16bis.1
Sanction: RO declares IA withdrawn under Rule 29.
To pay deficiencies in the transmittal fee, international filing fee (incl. suppl. for over 30 pages) or search fee when RO finds discrepancies before fees are due... A.I. 304(b)
To pay deficiencies in designation fees when RO finds discrepancies before fees are due... A.I. 304(b)
(2) Before the ISA
To amend claims under Article 19 before IB within two months of date of transmittal of ISR to IB, or 16 months from priority date... Rule 46.1
To amend claims under Article 19 - latest of 2 months from date ISR sent to IB and Applicant or 16 months from PD or if amendment reaches IB before completion of technical preparations for Ipub... Rule 46.1
To submit priority document, unless already filed with RO together with IA, to IB or RO not later than 16 months after PD, or where DO processes IA at any time on express request of applicant (Art. 23(2)), not later than date processing or examination is requested... Rule 17.1
Where lack of unity of invention is held, time limit of one month set to pay additional fees to have additional inventions searched... Art. 17(3),
... Rule 40, 37 CFR 1.476
(3) Before the IPEA
To amend claims, description, or drawings under Article 34 before the IPE... Rule 66
... 37 CFR 1.485
To amend claims, description, or drawings under Article 34 before the IPEA at time of filing demand or, subject to Rule 66.4bis, until IPER is
established... Rule 66.1, Rule 66.4bis
To correct defects in demand upon invitation within a time limit not less than 1 month and which may be extended by IPEA before a decision is made... Rule 60.1
To file a demand... Rule 54bis
To provide translation of priority document upon invitation by IPEA within 2 months of invitation date... Rule 66.7
To respond (including Article 34 amendments) to a written opinion within time set therein (not less than 1 month)... Rule 66.2
Rule 66.2 permits response time set in written opinion to be from 1 month to 3 months (plus extensions)... Rule 66.2
Time for reply set in written opinion is non-extendable... 37 CFR 1.484(d)
Where lack of unity of invention is held by IPEA, time limit of one month set to pay additional fees to have additional inventions examined... Art. 34(3),
... Rule 68.2, 37 CFR 1.488
When filing a demand for IPE, must pay handling fee at time demand filed or within the 1 month deadline set when IPEA invites applicant to pay the fee... Rule 57
Sanction: IPEA considers IA withdrawn.
When seeking IPE, preliminary examination fee must be paid at time demand filed or within the 1 month deadline set when IPEA invites applicant to pay the fee... Rule 58bis
Sanction: IPEA considers IA withdrawn.
(4) Before the DO/EO
To enter the National Stage under 35 U.S.C. 371... 37 CFR 1.495
To amend claims description, or drawing under Article 28 before the DO... Rule 52
To amend claims, description, or drawings before EO (varies)... Rule 78
Applicable to the RO
For RO to check certain elements (request is signed, has indications re applicant, has a title, an abstract, meets physical requirements of Rule 11) of IA... Rule 26.1
For RO to hold IA withdrawn for lack of compliance with Article 11(1), items (i) to (iii) after IA has already been accorded a filing date... Art. 14(4), Rule 30
For RO to transmit record copy to IB (normally 13 months or earlier, unless failure to obtain national security clearance obtained)... Rule 22
For RO to transmit search copy to ISA... Rule 23
Applicable to the IB
For IB to notify applicant, RO, ISA (unless it declined to be notified) and DO (if it asked to be notified) of fact and date receipt of record copy of IA... Rule 24
International publication of IA promptly after expiration of 18 months from PD, unless earlier publication requested under Articles 21(2)(b) and 64(3)(c)(i)... Art. 21,... Rule 48
Applicable to the ISA
For ISA to establish the ISR (or declaration that the subject matter is not required to be searched or is unsearchable as per Article 17(2)) - the later of 3 months from date of receipt of SC by ISA or 9 months from PD... Rule 42
Applicable to the IPEA
For IPEA to establish the IPER... Rule 69.2
For IPEA to start IPE... Rule 69.1
IPEA shall promptly notify applicant of receipt of the demand... Rule 61.1
Correction of or addition of... Rule 26ter.1, A.I. 216, A.I. 317
Ex officio corrections are not to be made
by RO... A.I. 327(d)
by IB... A.I. 419(c)
Invitation for, by IB... Rule 26ter.2(a)
Invitation for, by RO... Rule 26ter.2(a)
Processing by IB... Rule 26ter.2(b), A.I. 419
Entitlement to apply for a patent... Rule 4.17(ii),
... Rule 51bis.1(a)(ii), A.I. 212
Entitlement to claim priority... Rule 4.17(iii),
... Rule 51bis.1(a)(iii), A.I. 213
Exceptions to lack of novelty ... Rule 4.17(v),
... Rule 51bis.1(a)(v), A.I. 215
Identity of inventor ... Rule 4.17(i),
... Rule 51bis.1(a)(i), A.I. 211
Inventorship ... Rule 4.17(iv),
... Rule 51bis.1(a)(iv), A.I. 214
Non-prejudicial disclosures ... Rule 4.17(v),
... Rule 51bis.1(a)(v), A.I. 215
Processing by IB ... Rule 26ter.2, A.I. 419
Defects
Correction
Of indications re applicant's residence or nationality... A.I. 329
Of obvious defects, by RO... A.I. 325
Of request, ex officio, by RO... A.I. 327
Processing by IB... A.I. 413
IA held withdrawn because of failure to
correct certain defects... Rule 29.1
In abstract... Rule 38
In certain original documents submitted
to national Office... Rule 92.4
In demand... Rule 60.1
In drawings furnished to DO under Rule 49.5, possibly permitting correction by
invitation... Rule 49.5(g)
In power of attorney - consequences... Rule 90.4(c)
In the title... Rule 37
Invitation to correct Article 14(1)(b)
defects... Rule 26.3bis
Invitation to correct Article 3(4)(i)
defects... Rule 26.3ter
Mentioned in IPER... Rule 90.12
Noted by IB... Rule 28
Definition of PCT terms... Art. 2, 37 CFR 1.401
Delays in meeting time limits, excuse of... Rule 82,
... 37 CFR 1.468
Demand for international preliminary
examination (IPE)
Applicant entitled to make demand... Rule 54
Copy sent by IPEA to IB... Rule 61.1
Defects in... Rule 60.1
Evidence of right to file demand... A.I. 614
Filed with other than a competent IPEA, treatment of ... Rule 59
In general... Art. 31, Rule 53
Not considered to have been made: Notification by IB to EOs... A.I. 418
Notice sent by IPEA re filing after 19 months from PD... A.I. 601
Publication of notice of demand... Rule 61.4
Recording by IB of changes:... Rule 92bis
Notifications regarding this sent by IB... A.I. 422
Time limit for making... Rule 54bis
U.S. regulation regarding... 37 CFR 1.480
Indications on separate sheet... Rule 13bis, A.I. 209
Amendment before IPEA... Art. 34
Amendment before EO... Art. 41, Rule 78
Headings for parts of... A.I. 204
In general... Art. 5, Rule 5
Of nucleotide/amino acid sequence... Rule 5.2,... Rule 13ter, A.I. 801-A.I. 806, 37 CFR 1.821
U.S. regulation regarding... 37 CFR 1.435
Amendment of claims, description, and drawings before DO... Art. 28
Communication of IA, ISR, or declaration under Article 17(2)(a)... Art. 20, Rule 47
Not accepting sequence listings in electronic form... Rule 13ter.3, A.I. 806
Notification by DO to IB of number of IAs that did not enter the national stage timely... A.I. 112
Opportunity to correct IA before DO... Art. 26
Review by... Art. 25
U.S. regulation regarding... 37 CFR 1.414
Possible loss of effect in... Art. 24
Withdrawal of/held withdrawn... Art. 24, Rule 29
Cancellation, ex officio, by IB... A.I. 423
Cancellation of designations of noncontracting States by RO, ex officio... A.I. 318
U.S. regulation regarding... 37 CFR 1.432
Manner of marking necessary annotations in checklist sent to IB by RO with RC of IA... A.I. 313
Amendment of, before DO... Art. 34
Amendment of, before EO... Art. 41
Flowsheets and diagrams considered as... Rule 7.1
In general... Art. 7, Rule 7
Missing - RO procedure concerning... Rule 20.5, . . . . . . . . A.I. 310
Time set to file where not necessary to understanding of invention... Rule 7.2
Referred to, but not included in IA... Art. 14(2)
U.S. regulation regarding... 37 CFR 1.437
Elected Office (EO)
Notification to IB of number of applications filed after national stage deadline... A.I. 112
U.S. as... 37 CFR 1.414
Cancellation of ex officio by IB... A.I. 423(b)
Cancellation of ex officio by IPEA... A.I. 606
Errors
By RO or IB, rectification of... Rule 82ter
See also Language prohibited
Correction of... A.I. 501
Before IPEA... Rule 58bis
to pay international filing fee, search fee,
and transmittal fee - under Rules 14, 15,
and 16... Rule 16bis
Fee(s)... Rule 96.1
Additional fees per invention where lack of unity is found by
IPEA... Art. 34(3), Rule 68
ISA... Art. 17(3), Rule 40
Application of money received by RO in certain cases... A.I. 321
Associated with demand
Handling fee... Rule 57, Rule 96.1
Late payment fees ... Rule 58bis.2
Time limit for payment ... Rule 57.3, Rule 58bis.1
Preliminary examination fee... Rule 58
ISA was not U.S... 37 CFR 1.482(a)(1)
ISA was U.S.... 37 CFR 1. 482(a)(1)
Late payment fees ... Rule 58bis.2
Time limit for payment ... Rule 57.3,
... Rule 58.1(b), Rule 58bis.1
(Where lack of unity of invention held by IPEA, there is a fee for each additional claimed invention)... Art. 34(3), Rule 68,
U.S. regulation regarding... 37 CFR 1.482
Associated with request
Extension of time to pay international filing fee, search fee, and transmittal fee - under Rules 14, 15, and 16... Rule 16bis
International filing fees... Rule 15
International filing fee... Rule 15, Rule 96.1
Additional component for sequence listing part in electronic form ... A.I. 803
Basic component based on number
of sheets ... A.I. 803
PCT search fee... Rule 16
No prior U.S.
application... 37 CFR 1.445(a)(2)(iii)
Prior U.S. national
application... 37 CFR 1.445(a)(2)(i)-(ii)
U.S. regulation regarding.... 37 CFR 1.445
(Where lack of unity of invention held by ISA, there is a fee for each additional claimed invention)... Rule 40, Art. 17(3)
Transmittal fee... Rule 14
U.S. rule... 37 CFR 1.445(a)(1)
Invitation by RO to pay before date due... A.I. 304
Invitation by RO to request search fee
refund.... A.I. 322
Invitation to pay fees... A.I. 320
Invitation to request refund of fees
before IPEA... A.I. 613
Lack of payment of... Rule 27
Late payment fee re international filing fee, search fee, and transmittal fee - under Rules 14, 15, and 16... Rule 16bis.2
National stage fee to DO... Art. 22
U.S. statute regarding... 35 U.S.C. 376
U.S. regulation regarding... 37 CFR 1.492
National stage fee to EO... Art. 39
U.S. statute regarding... 35 U.S.C. 376
U.S. regulation regarding... 37 CFR 1.492
PCT-EASY... A.I. 102bis(c)
Preliminary examination fee... Rule 58
Refund of IA filing and processing
fees... Rule 15.6, Rule 16.2, Rule 40.2(c)
U.S. regulation regarding... 37 CFR 1.446
Schedule of fees... Rule 96
Special fees for publication, payable
to the IB... A.I. 113
Surcharge for filing oath or declaration later than 30 months from PD under 37 CFR 1.495(c)... 37 CFR 1.492(h)
Transmittal fee... Rule 14, 37 CFR 1.445(a)(1)
File (IA) reference (IA docket no.
of applicant)... A.I. 109
On IA sheets... Rule 11.6(f)
Filing date
Certificate of U.S. Postal Service Express Mail... Rule 20, 37 CFR 1.10
Of IA... Art. 11, 35 U.S.C. 363
Finances (budget) of union of PCT states... Art. 57
Flowsheets, considered as drawings... Rule 7.1
Form(s)
Computer generated... A.I. 102(h) & (i)
Request... Rule 3.2
Demand... Rule 53.1(a)
PCT... A.I. Annex A
PCT, use of... A.I. 102
Gazette, PCT... Rule 86, A.I. 407,
... A.I. Annexes D and E
Free communication of, to ISA, IPEA, national Office... Rule 87
Handling fee for IPE (re demand)... Rule 57
Home Copy (HC) of IA, preparation
of... Rule 21, A.I. 305
Identification
Of DO... A.I. 107
Of EO... A.I. 107
Of IA having two or more applicants... A.I. 105
Of IA file (docket reference by applicant)... A.I. 109
Of international authorities... A.I. 107
Incorporation by reference... Rule 4.18,
Rule 20.6, Rule 82ter.1(b)
Indications (two letter codes identifying countries and other entities)... A.I. 115
Industrial applicability... Art. 33(4), Art. 34(4),
... Art. 35(2), Rule 66.2, Rule 70.6
Intellectual property protected under
PCT... Art. 2(i)
International application (IA)
Application no.... A.I. 307
Indelibly marked on each sheet of IA... A.I. 308
Arrangement of contents/elements... A.I. 207
Availability of, to DO... Art. 13
Certain defects in... Art. 14
Checking by RO and correcting parts
of before RO... Rule 26
Communicated (sent) to each
DO by IB... Art. 20, Rule 47
Confidential nature of IA... Rule 30
Considered withdrawn... Rule 29, Rule 30, Rule 49
Copy of IA sent from IB to IPEA... A.I. 420
Copy, translation and national fee to EO... Art. 39
Effect of IA designation of U.S... 35 U.S.C. 363
Filing date and effects of... Art. 11, Rule 20
Filing in electronic
form... Rule 89bis, A.I. 102bis, A.I. 335,
... A.I. 701-A.I. 713, A.I. Annex F
Sequence Listings and/or tables relating thereto... Rule 13ter, A.I. 801 through A.I. 806
Copy of notification of IA number and IA filing and PD(s) sent to IB... A.I. 324
Marking each sheet of IA with... A.I. 308
Cancellation, substitution, addition, renumbering by RO... A.I. 311
In general... Art. 55
Patent information services provided by... Art. 50
U.S. regulation regarding... 37 CFR 1.415
Conduct of, in U.S.... 37 CFR 1.484
Confidential nature of... Art. 38
Copy, translation and fee for, furnished to EO... Art. 39
Delay to enter national stage... Art. 39(1)(a)
Demand for... Art. 31
Withdrawal of... Art. 37
In general... Art. 33
Inventive step... Rule 65, Art. 33(3)
IPEA... Art. 32
IPER... Art. 35, Rule 70
Communication of IPER... Rule 73
Guidelines for explanations in... A.I. 604
Method of identifying documents cited in... A.I. 611
Translation of... Rule 72
Translation of annexes and transmittal... Rule 74
Prior art for... Rule 64
Start of, and time limit for... Rule 69
Transmittal, translation, and communication
of IPER to applicant and IB... Art. 36... Rule 71
Use of same file for ISA and IPEA... A.I. 604
Written opinion by IPEA... Art. 34, Rule 66
Amendment of claims, description, and drawing under Article 34 in response to... Art. 34
Competent IPEA... Rule 59
In general... Art. 32
Lack of unity determination... Rule 68
Minimum requirements for... Rule 63
Nonexaminable subject matter... Rule 67
Notification by IPEA of date of receipt of demand and of election to IB and applicant... Rule 61.1
Procedure before... Art. 34, Rule 66
U.S. regulation regarding... 37 CFR 1.416
U.S. statute regarding... 35 U.S.C. 362
By the IPEA... Rule 70
By the ISA... Rule 44bis
By IB of IA... Art. 21, Rule 48,... A.I. 406, A.I. 805
Communication of publications to ISA, IPEA, national offices... Rule 87
Effect of, in United States... 35 U.S.C. 374
Number... A.I. 404
Of IA, effects of... Art. 29
Provisional Rights (in U.S.)... 35 U.S.C. 154(d)
Publication number (WO)... A.I. 404
Time limit for accomplishing... Rule 42
Competent... Rule 35
Minimum requirements... Rule 36
Procedure before... Art. 17
U.S. statute regarding... 35 U.S.C. 362
U.S. regulation regarding... 37 CFR 1.413
Communicated (sent) from IB to DO... Art. 20, Rule 47
Copy of IA provided by IB for ISA... A.I. 420
Indication of citations of relevance in... A.I. 505
Indications of special categories of documents cited in... A.I. 507
Indication of claims to which documents are relevant... A.I. 508
In general... Art. 18
Method of identifying documents cited in... A.I. 503
Subject matter not required to be searched... Rule 39
Time limit for establishing... Rule 42
Transmittal of, from ISA to IB... Rule 44
Translation of ISR... Rule 45
Protection available under PCT... Art. 43, Art. 44
Indications of kinds of protection... Rule 4.9
Correction of... Rule 92bis
Deceased... 37 CFR 1.422
Incapacitated or insane... 37 CFR 1.423
Joint... 37 CFR 1.421(b)
Lack of unity of invention
In IPE... Rule 68, 37 CFR 1.475, 37 CFR 1.488,... 37 CFR 1.489
In IS... Rule 40, 37 CFR 1.475, 37 CFR 1.476,... 37 CFR 1.477
In national stage... 37 CFR 1.475, 37 CFR 1.499
Unity of invention in IA, in general... Rule 13
Of correspondence by applicant to IB and RO... A.I. 104
Of demand for IPE... Rule 55
Of forms used by international authorities... A.I. 103
Of IA... Art. 11(1)(ii), Rule 12
Of Ipub of IA... Rule 48.3
Of IPER... Rule 72
Of ISA... Rule 43.4
Of translation of IA... Rule 12.3, Rule 49.2
Prohibited expressions... Rule 9
Correction of... A.I. 501
(Same consequences as withdrawal of IA)
Mail service
Irregularities in... Rule 82
See Biological material inventions Nucleotide/amino acid sequence listings
Rectification of obvious
Authorization of by IPEA... Rule 91.1, A.I. 607
Authorization of by ISA... Rule 91.1, A.I. 511
Authorization of by RO... Rule 91.1, A.I. 325
Processing by IB... Rule 91, A.I. 413, A.I. 413bis
National Office
Right to practice before... Art. 49, Rule 83, Rule 90.1
Amendment of claims, description, and drawings before DOs... Art. 28, Rule 52
Before EOs... Art. 41, Rule 78
Certain national requirements allowed under Article 27(1),(2),(6),(7)... Art. 27, Rule 51bis
Copy of IA, translation and fee to DO... Art. 22
Delaying of national examination and other processing... Art. 23, Art. 40
DO that does not accept sequence listings in computable readable form... A.I. 806
Protection available
As well as patent protection... Art. 44
Other than patent protection... Art. 43
Requirements... Art. 27
Results of national examination in different countries... Art. 42
United States
Commencement in... 35 U.S.C. 371, 37 CFR 1.491
Entry into U.S., requirements... 37 CFR 1.495
Entry into U.S., time of... 37 CFR 1.491
Examination in... 37 CFR 1.496
Improper applicant... 35 U.S.C. 373
National U.S. patent issued on IA, effect... 35 U.S.C. 375
Delay or prevention of transmittal of RC to IB... A.I. 330
Qualifications... Rule 18.2
In demand... Rule 54.1
Recording of changes to by the IB... Rule 92bis.1
In request, deletion of ex officio... A.I. 303
Transmitted by RO to ISA... A.I. 313(c)
... A.I. 207, A.I. 311
Numbering of lines on a page of IA... Rule 11.8
Numbering of sheets of IA... Rule 11.7
Numbering of sheets for Ipub... A.I. 410
Oath or declaration in U.S. national stage application... 35 U.S.C. 371(c)(4), 37 CFR 1.497
Obvious mistakes in documents... Rule 91
Rectification of... Rule 91.1, A.I. 511
See also Inventive step
Patent Cooperation Treaty (PCT)
Administrative provisions... Arts. 53 - 58
Amendment of certain provisions... Art. 61
Assembly of contracting states... Art. 53
Becoming a party to... Art. 62
Committee for technical cooperation... Art. 56
Denunciation... Art. 66
Depositary functions... Art. 68
Disputes... Art. 59
Entry into force of PCT... Art. 63
Executive committee of assembly... Art. 54
Finances... Art. 57
Gradual application of PCT in a state... Art. 65
International Bureau (IB)... Art. 55
Notifications to states/governments re PCT issues... Art. 69
Reservations by any state re Application of PCT provisions... Art. 64
Revision of PCT... Art. 60
Reduced fees payable when using... A.I. 102bis(c)
Transmittal of, to the IB by the RO with RC... A.I. 335
Definition... Rule 3.3a
General... Rule 90.5
Right to do so... Art. 49,
Citation of (proper method)... A.I. 503
For IPE... Rule 64
Indications... A.I. 505
Of special categories of documents... A.I. 507
Relevant to IS... Rule 33.1
Later indication of... A.I. 319
Correction or cancellation by RO... A.I. 314, Rule 26bis.1
Correction or cancellation by IB... A.I. 402, Rule 26bis.1
Invitation to correct defects in... Rule 26bis.2
Not considered to have been made... Rule 66.7, A.I. 302
Notice to that effect by IB, if not by RO... A.I. 409
Restoration of right
By DO... Rule 49ter.2
By RO... Rule 26bis.3, Rule 49ter.1
U.S. regulation regarding... 37 CFR 1.451
Withdrawal of, by applicant... Rule 90bis.3
Priority, right of (in U.S.)... 35 U.S.C. 365
Benefit of filing date of a prior application... 35 U.S.C. 365, 37 CFR 1.55,... 37 CFR 1.78
Benefit of filing date of a prior application... 35 U.S.C. 365, 37 CFR 1.55, 37 CFR 1.78
Fee for certified copy of, from USPTO... 37 CFR 1.19(b)(1)
In proceedings before IPEA... Rule 66.7
Invitation by IB to furnish... A.I. 421
Receipt of by IB... A.I. 411
Translation and time limit to furnish to EO... Rule 76
Translation and time limit to furnish to IPEA... Rule 66.7
Transmittal by RO to IB... A.I. 323
U.S. regulation regarding... 37 CFR 1.451
Indications of kinds of protection in request... Rule 4.11(a)(iii)
Before U.S. IPEA... 37 CFR 1.489
Before U.S. ISA... 37 CFR 1.477
Quorum, absence of
Voting by correspondence... Rule 85
Receipt of IA by RO... Rule 20
Notification of by RO to IB... Rule 20
Notification of by RO to applicant... A.I. 301
Competent... Rule 19
In general... Art. 10
U.S. RO... 35 U.S.C. 361, 37 CFR 1.412
Definition... Art. 12
Transmittal to IB by RO... Rule 22, A.I. 335, 37 CFR 1.461
Marking sheets of, by IB... A.I. 401
Receipt by IB... Rule 24
Authorized by IPEA... A.I. 607
Authorized or not by the ISA... A.I. 511
Handling of, by RO... A.I. 325
If international search takes into account an earlier search... Rule 16.3
Invitation by RO to request search fee refund... A.I. 322
Invitation to request refund of fees before IPEA... A.I. 613
Of handling fee... Rule 57.6
Of international filing fee... Rule 15.6
Of IPE fee... Rule 58.3
Of IS fee... Rule 16
See also Common representative
Appointment of... Rule 90.4
Notice by IB to ISA and IPEA... A.I. 425
Notice by IPEA to IB... A.I. 608
Notice by ISA to IB... A.I. 512
Notice by RO to IB... A.I. 328
Common (definition)... Rule 2.2bis
General power of attorney... Rule 90.5
Limited recognition in patent cases... 37 CFR 10.9
Revocation and renunciation of representative... Rule 90.6
U.S. regulation regarding... 37 CFR 1.455
Contents... Art. 4, Rule 4
Declaration relating to national requirements... Rule 4.17, Rule 51bis.1(a)
Deletion of additional material... A.I. 303
Form... Rule 3
In general... Art. 4
Recording of changes in, by IB... Rule 92bis
Notification of changes recorded by IB... A.I. 422
Rectification of, including limitations on ability to rectify... Rule 91.1
U.S. regulation regarding... 37 CFR 1.434
Corrections to
Invitation by RO... A.I. 329
In demand... Rule 54.1
Qualifications... Rule 18
Recording of changes to by the IB... Rule 92bis.1
See Lack of unity of invention
See Unity of invention
Declaration that an IA is to be withdrawn... Art. 25
Review by USPTO... 35 U.S.C. 367
Designation of a state considered withdrawn... Art. 25
Review by USPTO... 35 U.S.C. 367
Failure to accord an international filing
date... Art. 25
Review by USPTO... 35 U.S.C. 367
Declaration that an IA is withdrawn... Art. 25
IB decided the IA is withdrawn under Article 12(3)... Art. 25
Refusal to accord filing date to IA... Art. 25
See also Amendment of PCT provisions
Right to practice before international
authorities... Rule 83, Art. 49
Search - See also international search report
Search Copy (SC) of IA
Preparation of by RO... Rule 21
Transmittal of to IB... Rule 23
Receipt of by ISA... Rule 25.1
Notification of lack of transmittal of SC by IB... A.I. 412
U.S. statute regarding... 35 U.S.C. 368
Considered by ISA... A.I. 513
Transmittal of... Rule 23, A.I. 804
Deletion, addition, substitution, and renumbering of by RO... A.I. 311
Later submitted -RO handling of... A.I. 309
Size of IA... Rule 11.5
By parties to the PCT... Art. 62
Notification by director general re... Art. 69
Defective, in IA... Art.14(1)
IA lacking prescribed signature - RO procedure... A.I. 316
Definition (includes "seal")... Rule 2.3
Lacking, in demand... Rule 60.1(d)
National requirements... Art. 27
Of PCT in English and French... Art. 67
Requirements re correspondence... Rule 92
Requirements re demand... Rule 53.8
Requirements re request... Rule 4.15
Requirements re withdrawals... Rule 90bis.5
Technical Services
Patent information services furnished by IB... Art. 50
Relation to other PCT provisions... Art. 52
Technical assistance committee... Art. 51
Computation of... Rule 80
Delay in meeting certain... Art. 48
Delays due to mail service... Rule 82
Excuse by the designated or elected state of delays in meeting certain time limits... Rule 82bis
Extended beyond or shortened with respect to Article 39 deadline for copy, translation, and fee filed with EO... Rule 77
Extensions of, for payment of fees... Rule 16bis
For amendments before EO... Rule 78
For amendment of claims before the IB... Art. 19, Rule 46.1
For amendment of claims, description, and drawings before DO... Rule 52.1
For applicant to request IB to send files to any DO pursuant to Article 25(1)(c) so DO can review adverse holding by RO or IB... Rule 51.1
For check by RO of certain defects in the IA... Rule 26.1
For communication by the IB of IPER translation and annexes to each EO)... Rule 73.2
For considering IA withdrawn re Article 12(3)... Rule 22.3
For considering IA withdrawn re Article 14(4)... Rule 30
For correcting priority claim... Rule 26bis
For correction by applicant of certain defects found by and invited by RO to correct... Rule 26.2
For establishing the ISR... Rule 42
For establishing the IPER... Rule 69.2
For paying national fee and furnishing translation before DO pursuant to Article 25(2)(a) so DO can review adverse holding by RO or IB... Rule 51.3
For presenting request by applicant for IB to send copies of IA to DO after receiving determination that IA is withdrawn... Rule 51
For start of, and establishment of, IPE... Rule 69
For submitting priority document... Rule 17
For translation of priority document before EO... Rule 76.4
For transmittal by applicant of translation of any replacement sheet referred to in Rule 70.16 that is attached to the IPER... Rule 74.1
In general... Art. 47
Meaning of term "Time Limit" in Article 48(2)... Rule 82bis
Modification of time limit fixed in PCT... Rule 81
Of application processing based on PD... Rule 4.10,... 37 CFR 1.465
To furnish drawings which are not necessary for the understanding of the invention... Art. 7.2, Rule 7.2
To furnish IA copy, translation, and fee to DO beyond time limit allowed by Article 22... Rule 50
To pay fees before ISA in response to a holding of lack of unity of invention... Rule 40.1
To request review by DO of failure to accord international filing date... Art. 25
Utility models... Rule 6.5
Content... Rule 4.3
Missing or defective... Rule 37
Availability of translations... Rule 95
By applicant, IS based on... Art. 15
Defective/incorrect of IA... Art. 46
Draft, of IA, prepared by ISA for publication, comments on by applicant... A.I. 506
For purpose of international search... Rule 12.3
Of certain words not in Latin alphabet, in request... Rule 4.16
Of IA, availability to IB... Rule 95
Of IA, transmittal by IB to DOs... Art. 22
Of IA, transmittal by IB to EOs... Art. 39
Of IA, requirement for verified or certified... Rule 51bis.1(d)
Of IPER... Art. 36, Rule 72
Of IPER annexes, and transmittal of to EOs by applicant... Rule 74
Of Ipub, affecting protection of rights in any designated state... Art. 29
Of ISR... Art. 18, Rule 45
Of priority document before EO... Rule 76
Of priority document before IPEA... Rule 66.7
Transmitted to ISA... Rule 23
Fee... Rule 14
In electronic form... Rule 89bis, Rule 89ter,... A.I. 102bis, A.I. 335,A.I. 701- A.I. 703, A.I. Annex F
Sequence Listings and/or tables relating thereto... Rule 13ter, A.I. 801 through A.I. 806
Of RC to IB by RO... Rule 22, 37 CFR 1.461
Of SC to ISA by RO... Rule 23
Delayed... A.I. 306
Unity of invention
Compliance with Rule 13... A.I. 206
During U.S. national stage... 37 CFR 1.499
Guidelines... A.I. Annex B
In general... Rule 13, 37 CFR 1.475
Lack of unity before IPEA... Art. 34(3), Rule 68, 37 CFR 1.488,... 37 CFR 1.489
Lack of unity before ISA... Art. 17(3), Rule 40, 37 CFR 1.476,... 37 CFR 1.477
Transmittal of protest to pay fees for additional claimed inventions
Transmittal by IB... A.I. 403
Transmittal by IPEA... A.I. 603
Transmittal by ISA... A.I. 502
WO - See also International publication number
Withdrawals (by applicant),
in general... Rule 90bis, A.I. 326
Of demand or election... Art. 37, Rule 90bis.4
Application, U.S. statute regarding... 35 U.S.C. 366
Determination by RO re IA... Rule 29
Decision by RO not to hold withdrawn after notifying applicant of intent to so hold... A.I. 312
Notification to IPEA by IB... A.I. 414
Review of by DO... Art. 25, Rule 51
Determination by IB under Article 12(3)
Review by DO... Art. 25, Rule 51
Amendment of claims, description, and drawing under Article 34 in response to
Written opinion by ISA... Art. 34, Rule 43bis
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