PCT NEWSLETTER

www.wipo.int/pct/en

July-August 2021 | No. 07-08/2021

 

Eligibility for Reductions in Certain PCT Fees

The lists of States discussed below, the nationals and/or residents of which are eligible for certain PCT fee reductions, have been updated with effect from 1 July 2021, as explained below, and are available at:

https://www.wipo.int/pct/en/fees/index.html

Applicability of 75% reduction in certain fees at the European Patent Office (EPO)

It is recalled that the fees for international search, supplementary international search and international preliminary examination are reduced by 75% if the international application, the request for supplementary international search or the demand for international preliminary examination is filed:

1.   by a natural person who is a national of and resident in a state which is not a Contracting State of the European Patent Convention, and which on the date of filing of the application, or of payment of the supplementary international search or the international preliminary examination fee, is classed by the World Bank as a low‑income or lower‑middle‑income economy; or

2.   by a natural or legal person who is a national of and resident in a State in which a validation agreement with the EPO is in force.1 

The following States have been added to the list of States which fall under 1., above:

–    Belize

–    Indonesia

–    Iran (Islamic Republic of)

–    Samoa

and the Republic of Moldova has been removed from that list.  However, applicants from the Republic of Moldova continue to be entitled to a fee reduction as a validation agreement with the EPO remains in force in that State. 

Applicability of 75% reduction in certain fees at the Spanish Patent and Trademark Office

It is recalled that the search fee and preliminary examination fee payable to the Spanish Patent and Trademark Office are reduced by 75% if the applicant, or if there are two or more applicants, each applicant, is a natural person or a legal entity and is a national of and resides in a State not party to the European Patent Convention, and which is classified by the World Bank in the group of countries of “low‑income”, “lower‑middle‑income” or “upper‑middle‑income”.

The following States have been added to the list of States which fall into that category: 

–    Panama

–    Mauritius2 

  1. Note that Mauritius is not a PCT Contracting State.  It is recalled that, in order to file an international application, at least one applicant must be a national of, or a resident in, a PCT Contracting State (PCT Article 9(1)).  Applicants from non PCT Contracting States must therefore file a PCT application together with an applicant who is a national of and/or resides in a PCT Contracting State, and they may only benefit from a fee reduction if both (or all) applicants are entitled to the reduction.
  2. For further information, please refer to the Official Journal of the EPO, January 2020 at:  https://www.epo.org/law-practice/legal-texts/official-journal/2020/01/a4.html