PCT NEWSLETTER

www.wipo.int/pct/en

May 2017 | No. 05/2017

 

PCT Information Update

BR  Brazil (e-mail address; special requirements for entry into the national phase)

The National Institute of Industrial Property (Brazil) has deleted its e-mail address and notified a new Internet contact address, as follows:

http://faleconosco.inpi.gov.br

There has been a change in one of the requirements under PCT Rule 51bis of the Office as designated (or elected) Office:  a translation into Portuguese of the priority document’s filing certificate or statement permitting the application to be identified is now required in all cases.

(Updating of PCT Applicant’s Guide, Annex B1 (BR) and National Chapter, Summary (BR))

CA  Canada (special requirements for entry into the national phase; fees)

The Canadian Intellectual Property Office, in its capacity as designated (or elected) Office has clarified one of the requirements under PCT Rule 51bis relating to the identity of the applicant.  If the applicant is not the applicant originally indicated in the international application, evidence that the applicant is the legal representative of the originally identified applicant includes Form PCT/IB/306, an assignment or a change of name document, which must be submitted to the Office within three months from the date of entry into the national phase.  

In addition, the Office has clarified how applicants and designated Offices can obtain copies of documents cited in the international search report and in the international preliminary examination report, as follows:

The Authority provides applicants with a first copy of each non-patent literature (NPL) document cited in the international search report, free of charge.  A first copy of each NPL document cited is available to designated (or elected) Offices upon request, free of charge.  Additional copies of NPL documents and copies of published patent documents are available to both applicants and designated (or elected) Offices upon request for:

  • CAD 10 per electronic copy of each document requested up to 10 megabytes;
  • CAD 10 for each additional 10 megabytes or part thereof exceeding 7 megabytes; or
  • CAD 1 per page for paper copies.

(Updating of PCT Applicant’s Guide, Annexes D and E (CA) and National Chapter, Summary (CA))

ES  Spain (national security provisions; types of protection; special requirements for entry into the national phase; fees)

There has been a change to the national security provisions of the Spanish Patent and Trademark Office – filing restrictions now apply to inventions made in Spain (previously applications by nationals), in addition to applications by residents.  This updates the PCT Applicant’s Guide, Annex B1 (ES) and the table entitled “International applications and national security considerations” at:

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

The Office has notified the International Bureau of a change concerning the types of protection available in Spain via the PCT – patents of addition are no longer available. This updates the table of “Types of Protection Available via the PCT in PCT Contracting States” published on the PCT website at:

http://www.wipo.int/pct/en/texts/pdf/typesprotection.pdf

The amounts of the following fees, payable to the Office as receiving Office, have changed with effect from 1 April 2017:

Transmittal fee:................................................................................          EUR         74.25

Fee for priority document:................................................................          EUR         29.69

Fee for requesting restoration of the right of priority:

Online:........................................................................................          EUR         89.55

On paper:...................................................................................          EUR        105.35

The amounts of the following national fees, payable to the Office as designated (or elected) Office, have also changed with effect from the same date:

Filing fee for patent or utility model:

Online:.......................................................................................          EUR         85.32

On paper:...................................................................................          EUR       100.38

(Updating of PCT Applicant’s Guide, Annex B1 (ES), Annex C (ES) and National Chapter, Summary (ES))

GE  Georgia (electronic filing; fees)

For information on the acceptance, with effect from 1 June 2017, by the National Intellectual Property Center of Georgia (SAKPATENTI) as receiving Office of international applications filed using ePCT-Filing, as well as information on the electronic filing fee reductions listed in item 4 of the Schedule of Fees that will be applicable, see “Electronic Filing and Processing of International Applications”, above.

KH  Cambodia (summary of requirements for entry into the national phase)

Information on the requirements of the Department of Industrial Property of Cambodia (DIPC) as designated (or elected) Office has been published in the PCT Applicant’s Guide (National Chapter, Summary (KH)) on the PCT website at:

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

OM  Oman (e-mail address)

The e-mail address of the Intellectual Property Department, Ministry of Commerce and Industry (Oman) has changed, as follows:

E-mail:                              oman-ip-dep@moci.gov.om

(Updating of PCT Applicant’s Guide, Annex B1 (OM))

Search fee (Federal Service for Intellectual Property (Rospatent) (Russian Federation), Indian Patent Office, Israel Patent Office)

As from 1 July 2017, there will be changes in the equivalent amounts payable in the currencies specified below for international searches carried out by the following Offices:

Federal Service for Intellectual Property (Rospatent)
(Russian Federation)......................................................................          CHF

Indian Patent Office........................................................................          CHF

Israel Patent Office..........................................................................          USD

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

(Updating of PCT Applicant’s Guide, Annex D (IL, IN, RU))

Preliminary examination fee and other fees relating to international preliminary examination (Spanish Patent and Trademark Office)

As from 1 April 2017, there will be a change in the amount of the following fees, payable in EUR to the Spanish Patent and Trademark Office as International Preliminary Examining Authority:

Preliminary examination fee: ....................................................... EUR                583.63

Additional preliminary examination fee: ....................................... EUR                583.63

(Updating of PCT Applicant’s Guide, Annex E (ES))

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