PCT Information Update

Fees payable in euro (various Offices)

As from 1 September 2010, there will be a change in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in EUR to various receiving Offices (see list of two‑letter codes of Offices affected, below), as well as a change in the equivalent amounts in EUR of the electronic filing fee reductions listed in item 4 of the Schedule of Fees, as indicated in Fee Table I(a).

(Updating of PCT Applicant’s Guide, Annex C (AT, BA, BE, CY, CZ, DE, EP, ES, FI, FR, GR, IB, IE, IT, LT, LU, LV, MC, MT, NL, PT, SI, SK and SM))

Fees payable in US dollars (various Offices)

As from 1 September 2010, there will be a change in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in USD to various receiving Offices (see list of two-letter codes of Offices affected, below), as well as a change in the equivalent amounts in USD of the electronic filing fee reductions listed in item 4 of the Schedule of Fees, as indicated in Fee Table I(a).

(Updating of PCT Applicant’s Guide, Annex C (AM, AP, AZ, BH, BW, BY, BZ, CL, CO, CR, CU, DO, EA, EC, EG, GE, GH, GT, IB, IL, IN, KE, KG, KZ, LR, MD, NI, PE, PG, PH, RU, SC, SV, SY, TJ, TM, TT, UA, US, UZ, ZM and ZW))

DK  Denmark (fees;  time limit for entry into the national phase;  required contents of the translation)

As from 15 August 2010, there will be a change in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in DKK to the Danish Patent and Trademark Office as receiving Office, as well as a change in the equivalent amounts in DKK of the electronic filing fee reductions listed in item 4 of the Schedule of Fees, as indicated in Fee Table I(a).

It is recalled that in 2009, it was announced that a special time limit of 20 months from the priority date (or from the international filing date where there is no priority claim) applies to the Faroe Islands and Greenland when a PCT application enters the national phase in Denmark (see PCT Newsletter Nos. 01, 02 and 06/2009).  The Danish Patent and Trademark Office has notified the International Bureau that, with effect from 1 July 2010, the time limit for entry into the national phase in respect of Greenland will be the same as that which applies to the rest of the Danish territory, that is 31 months from the priority date.  The Faroe Islands, however, continues to apply a time limit of 20 months.  Note also that even where a demand for international preliminary examination has been filed before the expiration of 19 months from the priority date, the time limit for entry into the national phase in the case of the Faroe Islands remains 20 months.

As far as the required contents of the translation are concerned, if protection is sought in Greenland, the application may be furnished in Danish or English.  However, if protection is sought in the Faroe Islands, the applicant must furnish a translation of the application into Danish.

(Updating of PCT Applicant’s Guide, Annex C (DK) and National Chapter, Summary (DK))

EP European Patent Office (deposits of microorganisms and other biological material)

There has been a change in the requirements of the European Patent Office with regards to the making of deposits of microorganisms and other biological material, as follows:

If the applicant wishes that, until the publication of the mention of the grant of a European patent or for 20 years from the date of filing if the application is refused or withdrawn or deemed to be withdrawn, the biological material shall be made available as provided in Rule 33(1) EPC only by the issue of a sample to an expert nominated by the requester (Rule 32(1) EPC), the applicant must, by a written statement, inform the International Bureau accordingly before completion of technical preparations for publication of the international application where such publication takes place in one of the EPO official languages (English, French or German).

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

GT Guatemala (requirements for entry into the national phase)

Information on the requirements of the Registry of Intellectual Property (Guatemala) as designated (or elected) Office has been published in the PCT Applicant’s Guide (see National Chapter, Summary (GT)) on the PCT Resources page at:

http://www.wipo.int/pct/guide/en/gdvol2/annexes/gt.pdf

HN Honduras (general information)

General information about Honduras as a PCT Contracting State, as well as information on the requirements of the Directorate General of Intellectual Property (Honduras) as receiving Office has been published in the PCT Applicant’s Guide (see Annexes B1 and C (HN) on the PCT Resources page at, respectively:

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

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

IB International Bureau (fees)

As from 1 September 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 36 or USD 43

Supplement for airmail: .... EUR 7 or USD 9

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

IL Israel (fees)

The amount of the transmittal fee, payable to the Israel Patent Office as receiving Office, has changed with effect from 1 July 2010:

Transmittal fee:..................... see Fee Table I(a)

The amount of the following national fee, payable to the Office as designated (or elected) Office, has changed with effect from the same date:

Filing fee: ................................ ILS   1,024

(Updating of PCT Applicant’s Guide, Annex C (IL) and National Chapter, Summary (IL))

IS  Iceland (fees)

As from 1 October 2010, there will be a change in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in ISK to the Icelandic Patent Office as receiving Office, as well as a change in the equivalent amount in ISK of the electronic filing fee reductions listed in item 4 of the Schedule of Fees, as indicated in Fee Table I(a). 

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

JP Japan (fees)

As from 1 September 2010, there will be a change in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in JPY to the Japan Patent Office as receiving Office, as well as a change in the equivalent amount in JPY of the PCT-EASY fee reduction and electronic filing fee reduction listed under items 4(a) and (d) of the Schedule of Fees, as indicated in Fee Table I(a).

(Updating of PCT Applicant's Guide, Annex C (JP))

KR Republic of Korea (fees;  special requirements for entry into the national phase)

The amounts of the following national fees, payable to the Korean Intellectual Property Office as designated (or elected) Office, have changed (other fees not indicated have not changed):

For patent:

Fee for request for examination:..........................................KRW        130,000

plus, for each claim:...............................................................KRW           40,000

Annual fees from the first to the third year, per year:....... KRW           15,000

plus, for each claim:...............................................................KRW           13,000

For utility model:

Fee for request for examination:..........................................KRW           65,000

plus, for each claim:.............................................................  KRW           17,000

Annual fees from the first to the third year, per year:......  KRW           12,000

plus, for each claim:.............................................................. KRW             4,000

The Office, in its capacity as designated (or elected) Office, has deleted the following requirement under PCT Rule 51bis:

Translation into Korean of the priority document where it is not identical with the international application and is necessary for examination or appeal; otherwise a written statement confirming identity is sufficient.

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

MX Mexico (fees)

There has been a change to the transmittal fee and to the national fee payable to the Mexican Institute of Industrial Property as receiving Office and as designated (or elected) Office, respectively, with effect since 2 January 2010.  These fees are now subject to a national tax of 16%.

(Updating of PCT Applicant’s Guide, Annex C (MX) and National Chapter, Summary (MX))

NI Nicaragua (requirements for entry into the national phase)

Information on the requirements of the Registry of Intellectual Property (Nicaragua) as designated (or elected) Office has been published in the PCT Applicant’s Guide (see National Chapter, Summary (NI)) on the PCT Resources page at:

http://www.wipo.int/pct/guide/en/gdvol2/annexes/ni.pdf

SG Singapore (fees)

As from 1 September 2010, there will be a change in the equivalent amounts of the international filing fee and the fee per sheet over 30, payable in SGD to the Intellectual Property Office of Singapore as receiving Office, as well as a change in the equivalent amount in SGD of the PCT-EASY fee reduction listed in item 4(a) of the Schedule of Fees, as indicated in Fee Table I(a).

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

Search fee (Australian Patent Office, Austrian Patent Office, Canadian Intellectual Property Office, European Patent Office, Japan Patent Office, National Board of Patents and Registration of Finland, National Institute of Industrial Property (Brazil), Nordic Patent Institute, State Intellectual Property Office of the People’s Republic of China, Spanish Patent and Trademark Office, Swedish Patent and Registration Office, United States Patent and Trademark Office)

As from 1 August 2010, there will be a change in the amount payable in AUD for an international search carried out by the Australian Patent Office.  The equivalent amounts in other currencies have not yet been established but will be published shortly.

As from 1 September 2010, there will be changes in the equivalent amounts payable in the currencies specified below for international searches carried out by the following Offices:

Austrian Patent Office.....................................................................USD

Canadian Intellectual Property Office..........................................EUR

European Patent Office..................................................................NZD, SGD

Japan Patent Office.........................................................................CHF, EUR

State Intellectual Property Office of the People’s
Republic of China............................................................................EUR

United States Patent and Trademark Office...............................CHF, EUR

As from 15 September 2010, there will be changes in the equivalent amounts payable in the currencies specified below for international searches carried out by the following Offices:

National Institute of Industrial Property (Brazil)...........................EUR

European Patent Office....................................................................ISK, JPY, USD, ZAR

National Board of Patents and Registration of Finland.............USD

Nordic Patent Institute......................................................................USD

Spanish Patent and Trademark Office..........................................USD

State Intellectual Property Office of the People’s
Republic of China..............................................................................CHF

Swedish Patent and Registration Office........................................USD

As from 1 October 2010, there will be a change in the equivalent amount payable in KRW for an international search carried out by the Japan Patent Office. 

The above-mentioned changes are indicated in Fee Table I(b).

(Updating of PCT Applicant’s Guide, Annexes D (AT, AU, BR, CA, CN, EP, ES, FI, JP, SE, US and XN))

Handling fee (Canadian Intellectual Property Office, Federal Service for Intellectual Property, Patents and Trademarks (Rospatent), United States Patent and Trademark Office)

As from 1 September 2010, there will be a change in the equivalent amount of the handling fee, payable in CAD to the Canadian Intellectual Property Office as International Preliminary Examining Authority (IPEA), and as from 1 October 2010, there will be a change in the equivalent amount of the handling fee, payable in USD to the United States Patent and Trademark Office and the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) as IPEAs, as indicated in Fee Table II.

(Updating of PCT Applicant’s Guide, Annex E (CA, RU and US))