PCT Billing Scam Stopped by Florida Attorney General

A Florida-based company in the United States of America (“Federated Institute for Patent and Trademark Registry”) was last month found by a Florida court to have violated the state's Deceptive and Unfair Trade Practices Act by sending misleading “invoices” to patent and trademark applicants – including to PCT users.

The company was requesting payment for a service which in fact had no value – listing PCT applications in its “Register”.  WIPO cooperated with the Florida authorities in this case.  During the trial, a PCT expert from WIPO provided testimony about the misleading nature of the invitations and the harm suffered by PCT applicants.  The judgment in this case is a promising step toward curbing this deceptive practice, and WIPO will continue to cooperate with law‑enforcement authorities in states and countries which make efforts to curtail these practices.  Further details about the case were published in a press release issued by the Office of the Attorney General of Florida at:

http://www.myfloridalegal.com/newsrel.nsf/newsreleases/1F9988D229725B6B85257690006ADBB4

It is recalled that warnings have consistently been published in the PCT Newsletter about invitations to PCT applicants and agents to pay fees that do not come from the International Bureau of WIPO and are unrelated to the processing of international applications under the PCT.  Note that recently two new invitations have been identified originating from “WBIP, Corp. – World Bureau Intellectual Property”.  To view an example of the new invitations, as well as the many other examples which have been brought to the attention of WIPO by PCT users, and for further information on such requests in general, see:

http://www.wipo.int/pct/en/warning/pct_warning.htm

PCT applicants and agents should note that it is the International Bureau of WIPO alone which publishes all PCT applications promptly after the expiration of 18 months from the priority date (see PCT Article 21(2)(a)); there is no separate fee for such international publication, and the legal effects of international publication are set out in PCT Article 29.

If they have not already done so, PCT applicants and agents are advised to bring this information to the attention of the people responsible for handling payments of fees within their organizations, as well as to the attention of all applicants and inventors who are named in PCT applications and thus who might receive such requests.

In case of doubt in relation to any such invitation, please do not hesitate to contact the PCT Information Service of the International Bureau at:

Telephone:     +41 22 338 83 38

Fax:                  +41 22 338 83 39

E-mail:            pct.infoline@wipo.int