PCT Notification No. 206
Patent Cooperation Treaty (PCT)

Certified Copy
Amendments to the Regulations under the Patent Cooperation Treaty (PCT)

Adopted on September 30, 2014, by the Assembly of the International Patent Cooperation Union (PCT Union) at its Forty-Sixth (27th Extraordinary) Session held from September 22 to 30, 2014, with effect from July 1, 2015

Table of Amendments [1]

Rule 49ter.2
Rule 76.5
Rule 90.3
Rule 90.5

Schedule of Fees


AMENDMENTS [2]

Rule 49ter
Effect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority by Designated Office

49ter.1 [No change]

49ter.2 Restoration of Right of Priority by Designated Office

(a) [No change]

(b) A request under paragraph (a) shall:

(i) be filed with the designated Office within a time limit of one month from the applicable time limit under Article 22 or, where the applicant makes an express request to the designated Office under Article 23(2), within a time limit of one month from the date of receipt of that request by the designated Office;

(ii) and (iii) [No change]

(c) to (h) [No change]

Rule 76
Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices

76.1 to 76.4 [No change]

76.5 Application of Certain Rules to Procedures before Elected Offices

Rules 13ter.3, 20.8(c), 22.1(g), 47.1, 49, 49bis, 49ter and 51bis shall apply, provided that:

(i) [No change]

(ii) any reference in the said Rules to Article 22, Article 23(2) or Article 24(2) shall be construed as a reference to Article 39(1), Article 40(2) or Article 39(3), respectively;

(iii) to (v) [No change]

Rule 90
Agents and Common Representatives

90.1 and 90.2 [No change]

90.3 Effects of Acts by or in Relation to Agents and Common Representatives

(a) and (b) [No change]

(c) Subject to Rule 90bis.5, second sentence, any act by or in relation to a common representative or his agent shall have the effect of an act by or in relation to all the applicants.

90.4 [No change]

90.5 General Power of Attorney

(a) to (c) [No change]

(d)  Notwithstanding paragraph (c), where the agent submits any notice of withdrawal referred to in Rules 90bis.1 to 90bis.4 to the receiving Office, the Authority specified for supplementary search, the International Preliminary Examining Authority or the International Bureau, as the case may be, a copy of the general power of attorney shall be submitted to that Office, Authority or Bureau.

90.6 [No change]

SCHEDULE OF FEES

Fees Amounts
1. International filing fee: (Rule 15.2) 1,330 Swiss francs plus
15 Swiss francs for each sheet of the international application in excess of 30 sheets
2. Supplementary search handling fee: (Rule 45bis.2) 200 Swiss francs
3. Handling fee: (Rule 57.2) 200 Swiss francs
Reductions
4. The international filing fee is reduced by the following amount if the international application is, as provided for in the Administrative Instructions, filed:
  (a) in electronic form, the request not being in character coded format: 100 Swiss francs
  (b) in electronic form, the request being in character coded format: 200 Swiss francs
  (c) in electronic form, the request, description, claims and abstract being in character coded format: 300 Swiss francs
5. The international filing fee under item 1 (where applicable, as reduced under item 4), the supplementary search handling fee under item 2 and the handling fee under item 3 are reduced by 90% if the international application is filed by:
  (a) an applicant who is a natural person and who is a national of and resides in a State that is listed as being a State whose per capita gross domestic product is below US$ 25,000 (according to the most recent 10-year average per capita gross domestic product figures at constant 2005 US$ values published by the United Nations), and whose nationals and residents who are natural persons have filed less than 10 international applications per year (per million population) or less than 50 international applications per year (in absolute numbers) according to the most recent five-year average yearly filing figures published by the International Bureau;  or
  (b) an applicant, whether a natural person or not, who is a national of and resides in a State that is listed as being classified by the United Nations as a least developed country;
  provided that, if there are several applicants, each must satisfy the criteria set out in either sub-item (a) or (b).  The lists of States referred to in sub-items (a) and (b) [3] shall be updated by the Director General at least every five years according to directives given by the Assembly.  The criteria set out in sub-items (a) and (b) shall be reviewed by the Assembly at least every five years.

I hereby certify that the foregoing is a true copy of the original text in English of the amendments to the Regulations under the Patent Cooperation Treaty (PCT) adopted on September 30, 2014, by the Assembly of the International Patent Cooperation Union (PCT Union) at its forty-sixth (27th extraordinary) session held from September 22 to 30, 2014, with effect from July 1, 2015.

Francis Gurry
Director General
World Intellectual Property Organization

January 22, 2015


1. The amendments of Rules 49ter.2 and 76.5 shall apply to any express request under Article 23(2) or Article 40(2) received on or after July 1, 2015. The amendments of Rule 90.5 shall apply to any notice of withdrawal referred to in Rules 90bis.1 to 90bis.4 received on or after July 1, 2015.
Concerning the amendments of the Schedule of Fees:
- in the case of reductions to the international filing fee, the Schedule of Fees, as amended with effect from July 1, 2015, shall apply to any international application received by the receiving Office on or after July 1, 2015;  however, the Schedule of Fees as in force until June 30, 2015, shall continue to apply to any international application received before July 1, 2015, irrespective of what international filing date might later be given to such application (Rule 15.3);
- in the case of reductions to the handling fee and the supplementary search handling fee, the Schedule of Fees as amended with effect from July 1, 2015, shall apply to any international application in respect of which the fee was paid on or after July 1, 2015, irrespective of when the request for supplementary international search or the demand for international preliminary examination, respectively, was submitted (Rules 45bis.2(c) and 57.3(d)).

2. The following reproduces, for each Rule that was amended, the amended text.  Where a part of any such Rule has not been amended, the indication "[No change]" appears.

3. The first lists of States shall be published in the Gazette.