PCT NEWSLETTER

PATENT COOPERATION TREATY

November 2009 | No. 11/2009

 

PCT Information Update

International filing fee, search fee, supplementary search fee and handling fee (various Offices)

As from 1 January 2010, there will be changes in the amounts, in certain currencies, of the international filing fee, the supplement per sheet over 30, the PCT-EASY and electronic filing reductions (where applicable) listed in item 4 of the Schedule of Fees, the search fee, the supplementary search fee and the handling fee, as indicated in the PCT Fee Tables.

These changes update the following annexes of the PCT Applicant’s Guide:

  • Annex C (receiving Offices): AM, AP, AT, AU, AZ, BA, BE, BH, BW, BY, BZ, CA, CO, CR, CU, CY, CZ, DE, DK, DO, EA, EC, EG, EP, ES, FI, FR, GB, GE, GH, GR, GT, IB, IE, IL, IN, IS, IT, JP, KE, KG, KR, KZ, LR, LT, LU, LV, MC, MD, MT, MW, NI, NL, NO, NZ, PE, PG, PH, PT, RU, SC, SE, SG, SI, SK, SM, SV, SY, TJ, TM, TT, UA, US, UZ, ZA, ZM, ZW;
  • Annex D (International Searching Authorities): AT, AU, BR, CA, CN, EP, ES, FI, JP, KR, RU, SE, US, XN;
  • Annex SISA (International Searching Authorities (Supplementary Search)): SE, XN; and
  • Annex E (International Preliminary Examining Authorities): AT, AU, BR, CA, EP, ES, FI, JP, KR, RU, SE, US, XN

at:  http://www.wipo.int/pct/guide/en/

BR  Brazil (requirements of the Office as ISA and IPEA)

Information on the requirements of the National Institute of Industrial Property (Brazil) as International Searching and Preliminary Examining Authority has been published in the PCT Applicant's Guide, Annexes D (BR) and E (BR), at:

http://www.wipo.int/pct/guide/en/

CL  Chile (general information)

General information about Chile as a PCT Contracting State, as well as information on the requirements of the National Industrial Property Institute (Chile) as receiving Office and as designated (or elected) Office has been published in the PCT Applicant’s Guide (see Annex B1 (CL), Annex C (CL), and the National Chapter, Summary (CL)) at:

http://www.wipo.int/pct/guide/en/

ES  Spain (fees)

As from 1 January 2010, there will be a change in the amount of the following fees, payable to the Spanish Patent and Trademark Office as receiving Office:

Transmittal fee:                          see Fee Table I(a)

Priority document:                      EUR  28.53

(Updating of PCT Applicant’s Guide, Annex C (ES))

IB  International Bureau (fees)

As from 1 January 2010, there will be a change in the equivalent amounts in EUR and USD of the following fees, payable to the International Bureau as receiving Office:

Transmittal fee:                            see Fee Table I(a)

Priority document:                        EUR    33        or  USD     49

          Supplement for airmail:    EUR      7        or  USD     10

(Updating of PCT Applicant’s Guide, Annex C (IB))

IN  India (e-mail address)

One of the e-mail addresses of the Patent Office (India) has changed.  The e-mail addresses to be used for the Office in Kolkata are now as follows:

E-mail:  patentin-pct@nic.in
               kolkata-patent@nic.in

(Updating of PCT Applicant’s Guide, Annex B1 (IN))

PE  Peru (special provisions concerning the deposit of microorganisms and other biological material)

The National Institute for the Defense of Competition and Intellectual Property Protection (Peru) has specified special provisions concerning the deposit of microorganisms and other biological material, as indicated below:

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

The indications prescribed in PCT Rule 13bis.3(a)(i) to (iii):

- at the time of filing, either in the description or separately

Any additional matter specified below:

- at the time of filing, either in the description or separately

Additional indications (if any) which must be given besides those prescribed in PCT Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Offices concerned:

- to the extent available to the applicant, relevant information on the characteristics of the microorganism

Deposits may be made for the purposes of patent procedure before the National Institute for the Defense of Competition and Intellectual Property Protection with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

(Updating of PCT Applicant’s Guide, Annex L)

PT  Portugal (fees)

The amount of the following national fee, payable to the National Institute of Industrial Property (Portugal) as designated (or elected) Office, has changed with effect from 14 October 2009:

For patent:

Filing fee (including examination and publication)     EUR    50 (online)
                                                                                              EUR  100 (on paper)

For utility model :

Filing fee:                                                                             EUR    50 (online)
                                                                                               EUR 100 (on paper)

Examination fee:                                                                EUR    75 (online)
                                                                                              EUR  150 (on paper)

(Updating of PCT Applicant’s Guide, National Chapter, Summary (PT))

Search fee (Korean Intellectual Property Office)

As from 1 January 2010, there will be a change in the amount payable in KRW for an international search carried out by the Korean Intellectual Property Office in respect of an international application filed in English.  The new amount, as well as the equivalent amounts payable in CHF and EUR, are indicated in Fee Table I(b);  the equivalent amounts in other currencies have not yet been confirmed and will be notified as soon as possible.  

For other changes regarding the search fee, see “International filing fee, search fee, supplementary search fee and handling fee (various Offices)”, above.

(Updating of PCT Applicant’s Guide, Annex D (KR))

Supplementary search fee

See “International filing fee, search fee, supplementary search fee and handling fee (various Offices)”, above.  Note that a new table (Table I(c)), including the supplementary search fees payable to the Authorities specified for supplementary search, has been added to the PCT Fee Tables .

Preliminary examination fee (Spanish Patent and Trademark Office)

As from 1 January 2010. there will be a change in the amount payable in EUR for an international preliminary examination carried out by the Spanish Patent and Trademark Office, as indicated in Fee Table II, as well as a change in the amount of the following fee:

Additional preliminary examination fee:     EUR     560.88

(Updating of PCT Applicant’s Guide, Annex E (ES))

Handling fee

See “International filing fee, search fee, supplementary search fee and handling fee (various Offices)”, above.

 

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