World Intellectual Property Organization

PCT NEWSLETTER

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April 2014 | No. 04/2014

 

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

US United States of America (PCT Rules 49ter.1 and 49ter.2)

The United States Patent and Trademark Office (USPTO), in its capacity as designated Office, has notified the International Bureau (IB) of the withdrawal, with effect from 18 December 2013, of the following notifications of incompatibility with its national law:

– the notification under PCT Rule 49ter.1(g) (effect of restoration of right of priority by receiving Office) (see PCT Newsletter No. 05/2006, page 3), and

– the notification under PCT Rule 49ter.2(h) (restoration of right of priority by designated Office) (see PCT Newsletter No. 05/2006, page 4).

As a consequence of the withdrawal of these notifications of incompatibility, the following PCT Rules are applied by the USPTO with effect from 18 December 2013, respectively:

– PCT Rule 49ter.1(a) to (d); and

– PCT Rule 49ter.2(a) to (g).

This means that the USPTO, in its capacity as 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.

The criterion applied in respect of requests for restoration of the right of priority by the USPTO as designated Office, as well as the fees payable for making such requests, are the same as those which already apply for the USPTO in its capacity as receiving Office, that is: it applies the “unintentional” criterion and the applicable fee is USD 850 for small and micro entities and USD 1,700 in all other cases.

This information updates the PCT Applicant’s Guide, National Chapter, Summary (US), and the tables of “Restoration of the right of priority” and “PCT Reservations, Declarations, Notifications and Incompatibilities” at, respectively:

http://www.wipo.int/pct/en/texts/restoration.html

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

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