PCT NEWSLETTER

www.wipo.int/pct/en

October 2017 | No. 10/2017

 

Assembly of the PCT Union

The 49th session of the Assembly of the PCT Union (PCT Assembly) was held in Geneva during the period from 2 to 11 October 2017, as part of the meetings of the Assemblies of the Member States of WIPO. The documents referred to in the summary of the meeting, below, (including the report once it becomes available) have been published on the WIPO website at:

http://www.wipo.int/meetings/en/details.jsp?meeting_code=pct/a/49

The Assembly appointed the Intellectual Property Office of the Philippines as an International Searching and Preliminary Examining Authority under the PCT (document PCT/A/49/3).  The appointment will become effective from a future date to be notified by the Office when it is ready to begin operations.

The Assembly extended the appointment of the present International Searching and Preliminary Examining Authorities under the PCT until 31 December 2027 (document PCT/A/49/2). 

The Assembly adopted amendments to the PCT Regulations, as set out in the annexes to document PCT/A/49/4.  The amendments consist of the following:

–    PCT Rules 4.1(b)(ii) and 41.2(b):  Numbering references have been corrected consequential to the amendments to Rules 12bis and 23bis adopted by the PCT Assembly at its 47th session (held in October 2015) and 48th session (held in October 2016), respectively.  For further information, see document PCT/WG/10/5 (http://www.wipo.int/meetings/en/details.jsp?meeting_code=pct/wg/10).

–    PCT Schedule of Fees:  It has been clarified that the 90% fee reductions in item 5 of the Schedule of Fees are intended only for persons filing an international application in their own right and not those filing an international application on behalf of a person or entity which is not eligible for the reduction.  For further information, see document PCT/WG/10/8 (http://www.wipo.int/meetings/en/details.jsp?meeting_code=pct/wg/10).

These amendments will enter into force on 1 July 2018.

The Assembly also adopted an Understanding that the reduction in item 5 of the Schedule of Fees is intended to apply only in the case where the applicants indicated in the request are the sole and true owners of the application and under no obligation to assign, grant, convey or license the rights in the invention to another party which is not eligible for the fee reduction.  This Understanding entered into force on 11 October 2017.

The Assembly also noted a report on the work being undertaken by the PCT Working Group (document PCT/A/49/1) and approved recommendations on further work.  These matters were reported in the May 2017 edition of the PCT Newsletter.

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