World Intellectual Property Organization

PCT NEWSLETTER

www.wipo.int/pct/en

December 2012 | No. 12/2012 

 

Withdrawal of Notifications of Incompatibility of Certain Modified PCT Rules with National Laws

PH Philippines (PCT Rule 20.8(a) and (b))

Further to its notification of incompatibility under PCT Rule 20.8(a) and (b) (relating to incorporation by reference of missing elements or parts), as modified with effect from 1 April 2007, with its national law (see PCT Newsletter No. 07/2006, cover page), the Intellectual Property Office of the Philippines (IPOPHL), in its capacity as receiving Office and designated Office, has notified the International Bureau that it has withdrawn the said notification with effect from 1 April 2007. PCT Rules 20.3(a)(ii) and (b)(ii), 20.5(a)(ii) and (d) and 20.6 will therefore apply with respect to the Office with effect from 1 April 2007, in the case of any international application the international filing date of which is on or after that date.

This means that applicants filing international applications with the IPOPHL are able to take advantage of the provisions in the PCT Regulations which provide for the incorporation by reference of elements or parts of the international application which were accidentally omitted at the time of filing. The IPOPHL will also be willing to review decisions by other receiving Offices to allow incorporation by reference in the national phase. For further information on requesting incorporation by reference, see the “Practical Advice” in PCT Newsletter No. 05/2007.

The table of “PCT Reservations, Declarations, Notifications and Incompatibilities” has been updated accordingly at:

http://www.wipo.int/pct/en/texts/reservations/res_incomp.html
 

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