ePCT - Terms of Use

By accessing/using the ePCT system, the User is agreeing to be bound by these Terms of Use. These Terms of Use do not apply to online databases of national/regional intellectual property Offices (IPOs) accessible through the ePCT system via hyperlinks.

1. Definitions

In these Terms of Use:

"System" refers to the ePCT system developed by WIPO which provides online services including but not limited to the filing, processing and management of international applications under the Patent Cooperation Treaty (PCT).

"PCT" refers to the Patent Cooperation Treaty administered by WIPO, and concluded in 1970.

"User" refers to any person who uses the System.

2. Use of the System

2.1 The System is made available by WIPO for the purposes of filing, processing and managing international applications under the PCT.

2.2 The User is forbidden to use the System for any purpose that is unlawful or not reasonably intended by WIPO. Any abusive use is prohibited, including to use automated means to access and use the System.

2.3 The User is not allowed to download, reproduce, disclose, sell or publish any data and documents contained in the System without prior authorization, with the exception of data and documents uploaded by the Users themselves. Specifically, to the extent that data and documents are copyright protected, or protected under any other intellectual property rights or legislation, the User must seek appropriate permission from the right holder(s) before any use of the said data and documents.

2.4 The User shall not attempt to process anything through the System that contains malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the System.

2.5 The User must create a WIPO Account in order to login to the System and in doing so is bound by the Terms of Use of the WIPO Account. In that regard, the User acknowledges and agrees that:

The WIPO Account is personal; the User may not use the WIPO Account of any other person.

If the WIPO Account is used to represent a company, organization, or an applicant, the User certifies that they are authorized to do so.

The User's login information (Username, Password, Strong Authentication details) is confidential and may not be disclosed or shared with any other person. The User shall be responsible for any damages arising out of, or in connection with, the disclosure of their login information to any other person. The User agrees to notify WIPO immediately of any unauthorized use of their login information as soon as they are aware thereof.

Access to the System requires that the User login with a WIPO Account that has been secured with strong authentication.

The User shall assume sole responsibility for requesting, accepting and maintaining eHandshakes with other WIPO Account Users, and for sharing access rights to data stored in the System.

2.6 WIPO may block access by the User to the System at its sole discretion where it is deemed that the use of the System does not comply with these Terms of Use.

3. Level of Service

3.1 WIPO takes all necessary measures to ensure maximum availability of the System 24 hours per day, 7 days per week. The System may however be unavailable from time to time for scheduled maintenance or due to unforeseen circumstances. Information about service unavailability or maintenance will be published on WIPO's website when possible.

3.2 The System is serviced through an industry standard secured https:// protocol.

4. General Disclaimers

4.1 WIPO makes every effort to ensure, but cannot guarantee the accuracy and completeness of the information contained in the System. In particular, WIPO cannot guarantee the accuracy and completeness of reference data configured in the System that is provided by national/regional IPOs concerning fee amounts, filing methods, competent International Authorities, etc.

4.2 WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the System resulting directly or indirectly from any cause or circumstance beyond its reasonable control.

4.3 Hyperlinks to other websites imply neither responsibility for, nor approval of, the information contained in those other websites on the part of WIPO. WIPO makes no warranty, either express or implied, as to the legality, accuracy, or availability of such information.

5. Disclaimer on Names and Designations

The names and the designations used by WIPO on its website and online services do not imply the expression of any opinion whatsoever on the part of WIPO concerning the legal status of any country, territory, city or area.

6. Liability

6.1 The use of the System is at the sole responsibility of the User and WIPO shall not be liable for any consequences of the use of the System or data contained therein. WIPO shall not be liable for any direct, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the User, including, but not limited to, losses of business, revenue or profits, as a consequence of using the System or data contained therein.

6.2 The User shall assume sole responsibility for the content of data and documents submitted to the System. In particular, WIPO shall not be held liable for any data submitted by Users to the System that may affect or violate any patent, trademark, copyright, trade secret, or any other right of third parties.

6.3 The User shall assume sole responsibility for storage, security and maintenance of data and documents downloaded from the System.

6.4 The User shall release, defend, indemnify, and hold WIPO harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with the violation of these Terms of Use or the use of data contained in the System.

7. Use of WIPO's Name and Logo / Intellectual Property

7.1 The User does not have the right to use the WIPO name, logo or acronym unless it is specifically authorized by WIPO in writing after having sent a request to WIPO.

7.2 The User recognizes that the System, as well as the particular form of compiling data, the presentation and design of the System are protected by applicable IP laws.

8. Personal Data and Privacy

8.1 Users acknowledge that WIPO may use their personal data according to WIPO's Privacy Policy, which is incorporated herein by reference.

8.2 WIPO undertakes to process data submitted by Users to the System with due regard to privacy and confidentiality, except where publication and/or disclosure of such information is required under the PCT, Regulations and related Administrative Instructions and/or for any other legitimate reasons.

9. Amendments to the Terms of Use

WIPO may amend these Terms of Use at any time at its sole discretion. Any amendments will be posted on this page. Unless stated otherwise, amendments shall take effect immediately following posting of the new Terms of Use.

10. Privileges and Immunities

Nothing in or relating to these Terms of Use shall be deemed or interpreted as a waiver of any privileges and immunities accorded to WIPO as an international organization and specialized agency of the United Nations.

11. Settlement of Disputes

11.1 Any dispute between WIPO and the User arising out of or relating to these Terms of Use that cannot be resolved amicably shall be referred to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.

11.2 WIPO shall not have any responsibility, obligation or liability whatsoever with respect to any disputes between the User and a third party or any other User, which may arise in relation to the use of the System.