PCT NEWSLETTER

www.wipo.int/pct/en

July-August 2019 | No. 07-08/2019

 

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

Norway (PCT Rules 26bis.3(j), 49ter.1(g) and 49ter.2(h))

The Norwegian Industrial Property Office, in its capacity as receiving Office (RO/NO) and designated (or elected) Office (DO/NO), has notified the International Bureau (IB) of the withdrawal, with effect from 1 July 2019, of the following notifications of incompatibility with its national law:

Consequently, the following PCT Rules will be applicable, respectively, by RO/NO and DO/NO with effect from 1 July 2019:

This means that:

  • RO/NO will consider requests for restoration of the right of priority in respect of international applications, provided that the failure to meet the deadline occurred on or after 1 July 2019; and
  • DO/NO will consider requests for restoration of the right of priority and, provided that the necessary conditions are met, will also accept such a decision made by another Office acting as receiving Office (RO), in respect of international applications which will enter the national phase, provided that the failure to meet the deadline occurred on or after 1 July 2019.

Furthermore, the Office, in its capacities as RO and DO, has notified the IB under PCT Rules 26bis.3(i) and 49ter.2(g), respectively, that it applies the criterion of “unintentional” in respect of requests for restoration, and that the fee for such a request is NOK 3,000.

This information updates the PCT Applicant’s Guide, Annex C (NO) and National Chapter, Summary (NO), as well as the tables of “Restoration of the right of priority” and “PCT Reservations, Declarations, Notifications and Incompatibilities” at, respectively:

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

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