PCT Information Update
AT Austrian Patent Office (requirements concerning agent; fees)
In relation to the information concerning how to obtain a list of those persons who can act as agent before the Austrian Patent Office as receiving Office and as designated (or elected) Office, there has been a change in the Internet address of the Patentanwaltskammer, as follows:
The amount of the following national fees, payable to the Office as designated (or elected) Office, have changed with effect from 1 January 2010:
For patent:
Fee for entry into national phase EUR 50
Search and examination fee, including 10 claims EUR 180
Claims fee from the 11th claim, for each group
of 10 claims EUR 100
For utility model:
Fee for entry into national phase EUR 50
Search fee, including 10 claims EUR 50
Claims fee from the 11th claim, for each group
of 10 claims EUR 100
There have also been changes in the exemptions, reductions or refunds of the national fee, as follows:
No fee for entry into the national phase is payable if the international application was filed with the Austrian Patent Office as receiving Office.
(Updating of PCT Applicant’s Guide, Annex C (AT) and National Chapter, Summary (AT))
CR Costa Rica (fees)
The Registry of Industrial Property (Costa Rica) has notified a reduction of 70% in the national filing fee for a patent, payable to it as designated (or elected) Office, where the application is filed by an inventor who is a natural person, by a small or medium-sized enterprise, by a public academic institution or by a public sector scientific and technological research institute. This reduction has been applicable since 25 April 2008.
(Updating of PCT Applicant’s Guide, National Chapter, Summary (CR))
CN China (institutions with which deposits of microorganisms and other biological material may be made)
The address of the
China General Microbiological Culture Collection Center (CGMCC)
Institute of Microbiology, Chinese Academy of Sciences
No. 1 West Beichen Road
Chaoyang District
Beijing 100 101
China
(Updating of PCT Applicant’s Guide, Annex L)
EG Egypt
It is recalled that the time limit under PCT Articles 22 and 39(1) for entry into the national phase before the Egyptian Patent Office is, in both cases, 30 months from the priority date. The Egyptian Patent Office has notified the International Bureau that, with effect from 1 February 2010, international applications entering the national phase within three months after the expiration of 30 months from the priority date will be accepted, subject to the payment of a late filing fee, to be determined in accordance with the applicable schedule below.
If entry into the national phase takes place between:
30 and 31 months from the priority date: 1,500 Egyptian pounds
31 and 32 months from the priority date: 3,000 Egyptian pounds
32 and 33 months from the priority date: 4,500 Egyptian pounds
(Updating of PCT Applicant’s Guide, National Chapter, Summary (EG))
EP European Patent Office (fees)
As from 1 April 2010, there will be a change in the amount of the transmittal fee, payable to the European Patent Office (EPO) as receiving Office, as indicated in PCT Fee Table I(a), as well as a change in the following fees:
Fee for priority document: EUR 45
Fee for requesting the restoration of the right of priority: EUR 580
As from 1 April 2010, there will be a change in the amounts of the following national fees, payable to the EPO as designated (or elected) Office:
Filing fee:
- where the form for entry into the European phase
(EPO Form 1200) is filed online: EUR 105
- where the form for entry into the European phase
(EPO Form 1200) is not filed online: EUR 190
Additional fee for pages in excess of 35:
for the 36th and each subsequent page EUR 13
Designation fee for one or more EPO Contracting States
designated: EUR 525
Extension fee for each
European patent to
Claims fee:
- for the 16th and each subsequent claim up to the
limit of 50: EUR 210
- for the 51st and each subsequent claim: EUR 525
Search fee:
- for (international) applications filed before
1 July 2005: EUR 800
- for (international) applications filed on or after
1 July 2005: EUR 1,105
Fee for further processing:
- in the event of late payment of a fee: [no change]
- other cases: EUR 225
Fee for late furnishing of a sequence listing: EUR 210
Examination fee:
- for (international) applications filed before 1 July 2005: EUR 1,645
- for (international) applications filed on or after
1 July 2005 for which no supplementary European
search report is drawn up: EUR 1,645
- for all other (international) applications filed on or
after 1 July 2005: EUR 1,480
Renewal fee for the third year: EUR 420
As from 1 April 2010, there will also be a change in the amount of the reduction in the search fee payable in the following situation (other reductions not indicated will not change):
The search fee is reduced by EUR 9402 for international applications filed on or after 1 July 2005 for which the international search report has been established by the Austrian Patent Office, or in accordance with the Protocol on centralization by the National Board of Patents and Registration of Finland, the Nordic Patent Institute, the Spanish Patent and Trademark Office or the Swedish Patent and Registration Office.
(Updating of PCT Applicant’s Guide, Annex C (EP), National Chapter, Summary (EP))
GB United Kingdom (fees)
As from 1 April 2010, there will be a change in the amount of the transmittal fee, payable to the United Kingdom Intellectual Property Office (an operating name of the Patent Office) as receiving Office, as indicated in PCT Fee Table I(a). The Office has also notified the fee for requesting the restoration of the right of priority, as follows:
Fee for requesting the restoration of the right of priority: GBP 150
(Updating of PCT Applicant’s Guide, Annex C (GB))
PH Philippines
The Intellectual Property Office (Philippines) has notified a change in the definition of a small entity to which the reduced amounts of the national filing fee for a patent and for a utility model are applicable (which appears in footnote 5 of the Summary of the Philippine National Chapter in the PCT Applicant’s Guide), as follows:
A small entity is any natural or legal person whose assets are worth 100,000,000 Philippine pesos (PHP) or less; or any entity, agency, office, bureau or unit of the Philippine government, including government-owned or controlled corporations, State universities and colleges and government-owned or government-run schools.
(Updating of PCT Applicant’s Guide, National Chapter, Summary (PH))
PT Portugal (special requirements for entry into the national phase)
There has been a change in the special requirement under PCT Rule 51bis of the National Institute of Industrial Property (Portugal) as designated (or elected) Office concerning the appointment of an agent if the applicant is not resident in Portugal: a footnote has been added to clarify that the appointment of an agent is not necessary if an e-mail address or fax number is furnished.
(Updating of PCT Applicant’s Guide, National Chapter, Summary (PT))
Search fee and fees relating to the international search (Austrian Patent Office, European Patent Office)
Further to the information published in PCT Newsletter No. 01/2010, the equivalent amount of the search fee for a search carried out by the Austrian Patent Office has been established in KRW and is published in PCT Fee Table I(b). Furthermore, the Austrian Patent Office has notified its criteria for entitlement to the 75% reduction in the search fee, as follows:
The search fee is reduced by 75% where the applicant or, if there are two or more applicants, each applicant is a natural person and is a national of and resides in a State for which the Austrian Patent Office is an International Searching Authority.
The Office has changed one of the conditions for refund of the search fee, as follows (the other conditions not indicated have not changed):
Where the search fee has not been reduced3 and where the Authority benefits from an earlier search, the search fee shall, upon request, be refunded, depending upon the extent to which the Authority benefits from the earlier search:
where the earlier search was made by the Authority: refund of 75%
where the earlier search was made by another International Searching Authority: refund of 50%
where the earlier search was made by another Patent Office: refund of 25%
As from 1 April 2010, there will be a change in the amount payable in EUR for an international search carried out by the European Patent Office, as indicated in Fee Table I(b). The equivalent amounts in other currencies are not yet known, but will be notified as soon as possible. There will also be a change in the amounts of the following fees payable to that Office:
Fee for copies of documents cited in the international
search report, per page: EUR 0.75
Protest fee:
For international applications still pending on
13 December 2007: EUR 1,180
For international applications filed on or after
13 December 2007: EUR 790
Late furnishing fee: EUR 210
(Updating of PCT Applicant’s Guide, Annex D (AT and EP))
Preliminary examination fee and fees relating to international preliminary examination (Austrian Patent Office, European Patent Office)
The Austrian Patent Office has notified its criteria for entitlement to the 75% reduction in the preliminary examination fee, as follows:
The preliminary examination fee is reduced by 75% where the applicant or, if there are two or more applicants, each applicant is a natural person and is a national of and resides in a State for which the Austrian Patent Office is an International Preliminary Examining Authority.
As from 1 April 2010, there will be a change in the preliminary examination fee payable to the European Patent Office, as indicated in Fee Table II. There will also be a change in the amounts of the following fees payable to that Office:
Fee for copies of documents cited in the international
preliminary examination report, for elected Offices: EUR 0.75
Fee for copies of documents contained in the file of the
international application, per A4 page or smaller (delivery
charge should be added if the copies are to be sent by air mail): EUR 0.75
Protest fee:
For international applications still pending on
13 December 2007: EUR 1,180
For international applications filed on or after
13 December 2007: EUR 790
Late furnishing fee: EUR 210
(Updating of PCT Applicant’s Guide, Annex E (AT and EP))
Search fee, preliminary examination fee, and other fees relating to international search and preliminary examination (National Institute of Industrial Property (Brazil
Further to the information published in PCT Newsletter No. 07-08/2009 regarding the criteria applicable for entitlement to the 60% reduction in the search fee, the additional search fee, the fee for copies of documents cited in the international search report, the preliminary examination fee, the additional preliminary examination fee, the fee for copies of documents cited in the international preliminary examination report and the fee for copies of documents contained in the file of the international application, please note that in addition to natural persons, small or medium enterprises or academic institutions, the reduction is also applicable in respect of cooperatives, non-profit-making entities or public institutions (see footnote 1 of Annexes D (BR) and E (BR) to the PCT Applicant’s Guide).
1 For international applications filed on or after 1 March 2010.
2 This amount is applicable to international applications filed up to and including 30 June 2013, where the fee for the supplementary European search is paid on or after 1 April 2010 (see OJ EPO 12/2009, pages 587 et seq.)
3 This fee is reduced by 75% where the applicant, or, if there are two or more applicants, each applicant is a natural person and is a national of and resides in a State for which the Austrian Patent Office is an International Searching Authority.
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