PCT Information Update

MD  Republic of Moldova (types of protection; means of telecommunication; provisional protection after international publication; time when name and address of inventor must be given)

The State Agency on Intellectual Property (Republic of Moldova) has informed the International Bureau (IB) of changes concerning the filing of documents by means of telecommunication; documents may now be filed by fax, by e-mail and in electronic form on diskette, CD or DVD.

There has been a change in the types of protection available in the Republic of Moldova via the PCT, as follows:

Types of protection available via the PCT:

National:         Patents, short-term patents

Eurasian:        [No change]

There have been changes in the provisions concerning provisional protection in the Republic of Moldova after international publication where the designation is made for the purposes of a national patent, as follows:

The publication of the translation into Moldovan of the international application gives the applicant provisional protection in the sense that he, upon grant of the patent, is entitled to damages (see Art. 43(3) and Art. 19 of the Moldovan Law on the Protection of Patents for Inventions).  International patent applications shall be published before the expiry of a time limit of six months from the date on which the national phase was entered (see Art. 49(4) of the Moldovan Law on the Protection of Patents for Inventions).

The Office has notified a change in its requirements as to the time when the name and address of the inventor must be given if the Republic of Moldova is designated or elected, as follows:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

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

PT Portugal (criteria applicable and fees payable for requests for restoration of the right of priority)

It was announced in PCT Newsletter No. 12/2009 that applicants should refer to the National Institute of Industrial Property (Portugal) in its capacity as receiving Office and designated (or elected) Office for the applicable criteria and/or any fee payable for requests for restoration of the right of priority under PCT Rules 26bis.3 and 49ter.2.  The Office has now informed the IB that, as was stated previously, it applies the “due care” criterion to such requests, and that the fee for requesting the restoration of the right of priority is EUR 150 (on-line) or EUR 300 (on paper).

(Updating of PCT Applicant’s Guide, Annex C (PT), National Chapter, Summary (PT) and the table of “Restoration of right of priority” (see “Table concerning restoration of the right of priority” under “New/Updated PCT Resources on the Internet”, below).

TH Thailand (general information; acceptance of international applications filed using the PCT‑EASY functionality of the PCT‑SAFE software)

General information about Thailand as a PCT Contracting State, as well as information on the requirements of the Department of Intellectual Property (DIP) (Thailand) as receiving Office has been published in the PCT Applicant’s Guide (see Annexes B1 and C (TH) on the WIPO website at, respectively:

http://www.wipo.int/pct/guide/en/gdvol1/annexes/annexb1/ax_b_th.pdf

http://www.wipo.int/pct/guide/en/gdvol1/annexes/annexc/ax_c_th.pdf

Note that the DIP has notified the IB that it will accept the filing of international applications containing requests in PCT-EASY format, together with PCT-EASY diskettes. 

Search fee (Australian Patent Office)

As from 15 March 2010, there will be a change in the equivalent amount payable in ZAR for an international search carried out by the Australian Patent Office, as indicated in Fee Table I(b).

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

Search and preliminary examination fee (Austrian Patent Office)

It was announced in PCT Newsletter No. 12/2009 that the Austrian Patent Office had notified the International Bureau that, in order to harmonize its search and preliminary examination fees with those charged by the European Patent Office, the fee payable for an international search by the Austrian Patent Office will change to EUR 1,700, and the fee payable for an international preliminary examination by that Office will change to EUR 1,675.  The date of effect of the changes in those fees was given as 1 January 2010, or when the law amending the fees is published, if that is later.  The Austrian Patent Office has now confirmed to the IB that the date of effect of the fee changes is 1 January 2010.  As far as the search fee is concerned, the equivalent amounts in CHF, SGD, USD and ZAR have been established and are published in PCT Fee Table I(b);  the equivalent amount in KRW has not yet been established but will be published shortly.  Information about the criteria for entitlement to a 75% reduction in both of the fees will be published shortly on the website of the Austrian Patent Office.

(Updating of PCT Applicant’s Guide, Annexes D and E (AT))