Withdrawal of Notifications of Incompatibility of Certain Modified PCT Rules with National Laws
ES Spain (PCT Rules 26bis.3, 49ter.1, 49ter.2 and 51bis.1(e))
The Spanish Patent and Trademark Office (SPTO), in its capacity as receiving Office and designated Office, has notified the International Bureau (IB) of the withdrawal, with effect from 6 November 2013, of the following notifications of incompatibility with its national law:
As a consequence of the withdrawal of the notifications of incompatibility under PCT Rules 26bis.3(j), 49ter.1(g), and 49ter.2(h), the following PCT Rules are applied by the SPTO with effect from 6 November 2013, respectively:
This means that the SPTO, in its capacity as receiving Office and designated Office, will consider requests for restoration of the right of priority, and will, in its capacity as designated Office and provided the necessary conditions are met, accept such a decision made by another Office acting as receiving Office.
Furthermore, the Office has notified the IB that, in its capacity as receiving Office and designated Office, it applies the “due care” criterion to requests for restoration of the right of priority, and that the fee for making such requests is as follows:
Fee for requesting restoration of the right of priority:
– when the request for restoration is filed online: EUR 88.66
– when the request for restoration is filed on paper: EUR 104.31
As a consequence of the withdrawal of the notification of incompatibility under PCT Rule 51bis.1(f), PCT Rule 51bis.1(e) applies with respect to the SPTO with effect from 6 November 2013. This means that the Office may require the applicant to furnish a translation of the priority document only where the validity of the priority claim is relevant to the determination of whether the invention is patentable (PCT Rule 51bis.1(e)(i)) or where the international filing date has been accorded following the incorporation by reference of a missing part or element (PCT Rule 51bis.1(e)(ii)).
This information updates the PCT Applicant’s Guide, Annex C (ES), and National Chapter, Summary (ES), and the tables of “Restoration of right of priority” and “PCT Reservations, Declarations, Notifications and Incompatibilities” at, respectively: