PCT NEWSLETTER

www.wipo.int/pct/en

May 2019 | No. 05/2019

 

PCT Information Update

AG  Antigua and Barbuda (general information)

General information about Antigua and Barbuda as a PCT Contracting State has been published in the PCT Applicant’s Guide – see Annex B1 (AG) at:

www.wipo.int/pct/guide/en/

BN  Brunei Darussalam (competent International Searching and Preliminary Examining Authorities)

The Brunei Darussalam Intellectual Property Office (BruIPO) has specified, with effect from 1 July 2019, the Korean Intellectual Property Office, in addition to the Australian Patent Office, the European Patent Office, the Intellectual Property Office of Singapore and the Japan Patent Office, as competent International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for international applications filed by nationals and residents of Brunei Darussalam with the BruIPO, or with the International Bureau (IB), as receiving Office.

(Updating of PCT Applicant’s Guide, Annex C (BN))

BY  Belarus (national security provisions; fees)

The National Center of Intellectual Property (Belarus) has provided details to the IB concerning restrictions in its national legislation which are applicable when filing international applications with other Offices – see the PCT Applicant’s Guide, Annex B1 (BY), and the table entitled “International applications and national security considerations” at:

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

There has been a change in the currency and amount of the transmittal fee, as well as a change in the fee for requesting restoration of the right of priority, payable to the Office as receiving Office, as follows:

Transmittal fee:.........................................................................................   BYN 89.25

Fee for requesting restoration of the right of priority:................................   BYN 76.50

There is no longer a fee payable for a priority document.

The amounts of the following national fees, payable to the Office as designated (or elected) Office, have also changed, as follows:

For patent:

Filing fee:..............................................................................................   BYN 127.50

Claim fee for each independent claim in excess of one:......................   BYN   51

Examination fee: ..................................................................................   BYN 612

Claim examination fee for each independent claim
in excess of one: ..................................................................................   BYN 357

Claim examination fee for each dependent claim in excess of 10:.......   BYN   51

Annual fee for the third year: ................................................................   BYN 127.50

For utility model:

Filing fee: ..............................................................................................   BYN 255

Claim fee for each dependent claim in excess of 10: ...........................   BYN   51

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

DO  Dominican Republic (fees)

The amounts of the following fees, payable to the National Office of Industrial Property (Dominican Republic) as receiving Office, have changed with effect from 2 May 2019:

Transmittal fee:....................................................................................         USD     316

Fee for priority document (for the first 10 pages):...............................         DOP  1,725

plus, for each additional page:......................................................         DOP        12

Fee for requesting restoration of the right of priority:..........................         DOP 17,250

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:

For patent:

Filing fee:.......................................................................................         DPO 11,500

For utility model:

Filing fee:.......................................................................................         DPO   8,050

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

JO  Jordan (fees)

The Industrial Property Protection Directorate, Ministry of Industry, Trade and Supply (Jordan) as receiving Office has notified the IB that the transmittal fee is payable in Jordanian dinar (JOD) and not in US dollars.  The amount of this fee is JOD 100.  Furthermore, the amounts of the following fee have changed with effect from 17 February 2019:

Fee for restoration of the right of priority:

– in case of filing by a company or an organization:.......         JOD 50

– in case of filing by an individual:..................................         JOD 25

(Updating of PCT Applicant’s Guide, Annex C (JO))

KZ  Kazakhstan (location and mailing address; telephone numbers)

The location and mailing address of the National Institute of Intellectual Property (NIIP) (Kazakhstan) have changed, and the Office has notified an additional telephone number. The location and mailing address and the telephone numbers to be used are now as follows:

Location and
mailing address:          Korgalzhyn Highway
                                    Building 3 B
                                    010000 Nur-Sultan
                                    Kazakhstan

Telephone:                  (7-7172) 62 15 15, 62 15 16, 62 15 91

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

PH  Philippines (name of Office; fees; information relating to power of attorney waiver; information relating to the Office as International Searching Authority and International Preliminary Examining Authority)

The name of the Intellectual Property Office (Philippines) has changed, as follows:

Name of Office:            Intellectual Property Office of the Philippines

Further to the information published in PCT Newsletter No. 02/2004 relating to the Office’s waiver of the requirement under PCT Rules 90.4(b) and/or 90.5(a)(ii) to submit a separate power of attorney and/or a copy of a general power of attorney, the Office has clarified the particular instances in which a separate power of attorney or a copy of a general power of attorney is required.  A power of attorney is required where the Office receives a notice or communication from:

  • a sub-agent appointed by the agent; or
  • a new agent appointed by the common representative; or
  • an agent or common representative who is appointed by the applicant in replacement of the agent or common representative previously appointed by the applicant; or
  • an agent or a common representative submitting the names of additional applicants not named in the request form.

(Updating of PCT Applicant’s Guide, Annex B1 and C (PH))

Further to the notification by the Intellectual Property Office (Philippines) that it would begin functioning as an ISA and IPEA with effect from 20 May 2019 (see PCT Newsletter No. 04/2019, cover page), information on the fees that will be payable to the Office, as well as other information relating to the Office in its capacity as ISA and IPEA, is now available in the PCT Applicant’s Guide, Annexes D (PH) and E (PH) at, respectively:

www.wipo.int/pct/guide/en/gdvol1/annexes/annexd/ax_d_ph.pdf

www.wipo.int/pct/guide/en/gdvol1/annexes/annexe/ax_e_ph.pdf

Search fee (Egyptian Patent Office, Indian Patent Office, Intellectual Property Office of the Philippines, Israel Patent Office)

It is recalled that the Intellectual Property Office of the Philippines will begin operating as an ISA with effect from 20 May 2019.  The amount that will be payable for an international search carried out by the Intellectual Property Office of the Philippines has been established in USD and, along with the equivalent amounts in CHF and EUR, is indicated in Fee Table I(b).

As from 1 June 2019, there will be changes in the amounts payable in EUR for an international search carried out by the Egyptian Patent Office, and in USD for an international search carried out by the Indian Patent Office.

As from 1 July 2019, there will be changes in the amounts payable in CHF for international searches carried out by the Egyptian Patent Office and the Israel Patent Office.

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

(Updating of PCT Applicant’s Guide, Annex D (EG, IL, IN and PH))

Preliminary examination fee (Intellectual Property Office of the Philippines)

The amount that will be payable for an international preliminary examination carried out by the Intellectual Property Office of the Philippines has been established in USD with effect from 20 May 2019, and is indicated in Fee Table I(b).

Copies of documents cited in the international search report, the supplementary international search report and the international preliminary examination report (Australian Patent Office)

The Australian Patent Office, in its capacity as ISA and IPEA, has clarified how applicants and designated (or elected) Offices can obtain copies of documents cited in the international search report and the international preliminary examination report.  Details are available in Annex D (AU) and Annex E (AU) of the PCT Applicant’s Guide.