PCT Information Update
AU Australia (institutions with which deposits of microorganisms and other biological material may be made)
The following depositary institution has 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, with which deposits of microorganisms and other biological material may be made:
Lady Mary Fairfax CellBank
Westmead, NSW 2145
(Updating of PCT Applicant’s Guide, Annex L)
EP European Patent Office (deposits of microorganisms and other biological material)
The following text has been added to the PCT Applicant’s Guide, Annex L, concerning the requirements of the European Patent Office with regards to the making of deposits of microorganisms and other biological material:
Applicants are reminded that these indications (the name and address of the depositor, and the statement) must be furnished to the International Bureau within the applicable time limit under PCT Rule 13bis.4, that is, within 16 months from the priority date of the international application (this period is deemed to have been met if these indications are furnished before the technical preparations for international publication have been completed) or, if the applicant makes a request for early publication under PCT Article 21(2)(b), up to the date on which such a request is made. The failure to meet this time limit cannot be remedied upon entry into the European phase neither by re‑establishment of rights nor by further processing. As a result, the application may have to be refused under EPC Article 97(2) in the course of examination proceedings for insufficient disclosure (EPC Article 83).
(Updating of PCT Applicant’s Guide, Annex L)
FI Finland (fees)
As from 1 April 2010, there will be a change in the fee for priority document, payable to the National Board of Patents and Registration of Finland as receiving Office, as follows:
Fee for priority document [no change]
Plus EUR 70 per document for a patent
or EUR 50 per document for a utility model
The amounts of the following national fees, payable to the Office as designated (or elected) Office, will change with effect from the same date:
Basic fee: EUR 450
Basic fee for an electronically filed application: EUR 350
Claim fee for each claim in excess of 10: EUR 40
Additional fee for late furnishing of translation or copy: EUR 125
Annual fees for the first three years: EUR 200
(Updating of PCT Applicant’s Guide, Annex C (FI) and National Chapter, Summary (FI))
GB United Kingdom (fees)
The United Kingdom Intellectual Property Office (an operating name of the Patent Office) has notified the International Bureau that the change in the amount of the transmittal fee and the fee for requesting the restoration of the right of priority, payable to it as receiving Office, is applicable with effect from 6 April 2010, and not 1 April 2010, as had previously been notified (see PCT Newsletter No. 02/2010).
(Updating of PCT Applicant’s Guide, Annex C (GB))
IS Iceland
Further to the announcement in PCT Newsletter No. 02/2010 that the Icelandic Patent Office is prepared to receive and process international applications in electronic form with effect from 1 March 2010, equivalent amounts in ISK have been established for the reductions under item 4(c) and (d) of the Schedule of Fees, as indicated in Fee Table I(a).
(Updating of PCT Applicant’s Guide, Annex C (IS))
KR Republic of Korea
As from 1 June 2010, there will be a change in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in KRW to the Korean Intellectual Property Office as receiving Office, as well as a change in the equivalent amount in KRW of the PCT-EASY fee reduction and electronic filing fee reduction listed under item 4(a) and (d) of the Schedule of Fees, as indicated in Fee Table I(a).
(Updating of PCT Applicant’s Guide, Annex C (KR))
ST Sao Tome and Principe
The telephone and fax numbers of the Industrial Property National Service (SENAPI) have changed. The numbers to be used are now as follows:
Telephone: (239) 222 28 03, 222 68 10
Fax: (239) 222 18 43, 222 24 27, 222 41 79
(Updating of PCT Applicant’s Guide, Annex B (ST))
TH Thailand (competent International Searching and Preliminary Examining Authorities)
The Department of Intellectual Property (Thailand) has specified the Korean Intellectual Property Office, in addition to the European Patent Office, the State Intellectual Property Office of the People’s Republic of China and the United States Patent and Trademark Office, as competent International Searching and Preliminary Examining Authority for international applications filed by nationals and residents of Thailand with the Department of Intellectual Property as receiving Office.
Search fee and supplementary search fee (Australian Patent Office, Canadian Intellectual Property Office, European Patent Office, Japan Patent Office, National Board of Patents and Registration of Finland, Nordic Patent Institute, Spanish Patent and Trademark Office, Swedish Patent and Registration Office)
Further to the information published in PCT Newsletter No. 02/2010 about the change, with effect from 1 April 2010, in the fee payable for an international search carried out by the European Patent Office, equivalent amounts have now been established in CHF, DKK, GBP, ISK, JPY, MWK, NOK, NZD, SEK, SGD, USD and ZAR.
As from 1 April 2010, there will also be changes in the amounts payable in:
- DKK and in the equivalent amounts payable in CHF, EUR, ISK, NOK and USD for an international search carried out by the Nordic Patent Institute, as well as a change in the amount of the additional search fee payable to that Office, as indicated below:
Additional search fee: ................................................. DKK 13,290
- EUR and in the equivalent amounts payable in CHF and USD for international searches carried out by the National Board of Patents and Registration of Finland and the Spanish Patent and Trademark Office, as well as a change in the amount of the additional search fee payable to those Offices, as indicated below:
Additional search fee: ................................................. EUR 1,785
- SEK and in the equivalent amounts payable in CHF, DKK, EUR, ISK, NOK and USD for an international search carried out by the Swedish Patent and Registration Office, as well as a change in the amount of the additional search fee payable to that Office, as indicated below:
Additional search fee: ................................................. SEK 18,060
As from 1 May 2010, there will be a change in the equivalent amount payable in EUR for international searches carried out by the Australian Patent Office and the Japan Patent Office, and as from 15 May 2010, there will be a change in the equivalent amount payable in EUR for an international search carried out by the Canadian Intellectual Property Office.
All of the above-mentioned amounts, apart from the ones which are given above, are indicated in Fee Table I(b).
As from 1 April 2010, there will be a change in the amount payable in CHF for supplementary international searches carried out by the National Board of Patents and Registration of Finland and the Swedish Patent and Registration Office, as indicated in Fee Table I(c).
In the case of the National Board of Patents and Registration of Finland, one of the conditions for refund of the supplementary search fee has been deleted. The conditions for refund now read as follows:
- Money paid by mistake, without cause, or in excess, will be refunded.
- The International Bureau shall refund this fee where the supplementary search request has not yet been transmitted to the Authority and the international application is withdrawn or considered withdrawn, or the supplementary search request is withdrawn or considered not to have been submitted (see PCT Rule 45bis.3(d)): refund of 100%
- [Deleted]
- The Authority shall refund this fee where the supplementary search request is considered not to have been submitted before the start of the supplementary international search (see PCT Rule 45bis.3(e)): refund of 100%
(Updating of PCT Applicant’s Guide, Annexes D (AU), (CA), (EP), (ES), (FI), (JP), (SE) and (XN))
Preliminary examination fee and other fees relating to the international preliminary examination (National Board of Patents and Registration of Finland
As from 1 April 2010, there will be a change in the amount payable in EUR for an international preliminary examination carried out by the National Board of Patents and Registration of Finland, as indicated in Fee Table II, as well as a change in the following fee payable to it, with effect from the same date:
Additional preliminary examination fee: ................................. EUR 600
(Updating of PCT Applicant’s Guide, Annex E (FI))
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