PCT Newsletter

April 2026 | No. 04/2026

PCT information update

AT Austria (Office telephone number)

The Austrian Patent Office has discontinued one of its telephone numbers. The remaining available number is: (43-1) 53424-0
(Updating of PCT Applicant’s Guide, Annex B (AT))

AU Australia (types of physical media accepted by the Office)

The Australian Patent Office has notified a change concerning the types of physical media accepted by the Authority for the furnishing of nucleotide and/or amino acid sequence listings in electronic form, under PCT Rule 13ter.1 and in accordance with Annex C of the Administrative Instructions under the PCT, as follows:

An entire copy of the sequence listing and identifying data should be contained within
one XML file (compliant with WIPO Standard ST.26) on a single standard (ISO 9660)
CD-ROM, CD-R, DVD, DVD-R or USB drive.

(Updating of PCT Applicant’s Guide, Annex D (AU))

CL Chile (color drawings)

The National Institute of Industrial Property (Chile) now accepts color drawings under its national law, when they are necessary for a better understanding of the invention.

(Updating of PCT Applicant’s Guide, National Chapter, Summary (CL))

DE Germany (who can act as agent; national phase entry requirements)

The German Patent and Trademark Office has changed its requirements regarding who can act as agent before the Office, whether in its capacity as receiving Office or as designated (or elected) Office. The following persons may act as an agent:

If an agent is required: any patent attorney, attorney-at-law, or firm of representatives established in Germany and authorized to represent the applicant in proceedings before the Office. In case of a firm of representatives, the natural person acting on its behalf must be authorized to render legal services in Germany.

Any patent attorney or attorney-at-law of a member State of the European Union, of a contracting party to the Agreement on the European Economic Area, or of Switzerland, authorized to practice in Germany, or to provide temporary services, and empowered to represent the applicant in proceedings before the Office (refer to the Act on the Activities of European Patent Attorneys in Germany [EuPAG] and the Act on the Activities of European Lawyers in Germany [EuRAG]);[1] under certain further requirements, any firm of representatives established in a member State of the European Union, in a State that is a contracting party to the Agreement on the European Economic Area or in a member State of the World Trade Organization. The natural person acting on its behalf must be authorized to render legal services in Germany.

If an agent is not required: as mentioned above, and any natural person.

In addition, the Office has changed its requirements for entry into the national phase: where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2), the applicant may be asked to send a copy of the international application, unless the international application was filed with the German Patent and Trademark Office as receiving Office. If amendments of the claims were filed under PCT Article 19, the applicant may be asked to send a copy of those amendments.

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

DK Denmark (fees)

As of 1 January 2026, the fee for reinstatement of rights (PCT Rule 49.6(d)(i)) payable the Danish Patent and Trademark Office as designated (or elected) Office changed to DKK 3,600.
Several components of the national fee payable to the Office as designated (or elected) Office also changed with effect from the same date:

Filing fee:
Basic fee: .......................................................................... DKK 3,600
Claim fee for each claim in excess of 10: ................................ DKK 360
Additional fee for late furnishing of translation or copy: ..... DKK 1,320
Annual fees for the first three years: ...................................... DKK 660

(Updating of PCT Applicant’s Guide, National Chapter, Summary (DK))

ES Spain (provisional protection; exemptions, reductions or refunds of national fee; requirements concerning the deposit of microorganisms and other biological material)

The Spanish Patent and Trademark Office has clarified its requirements concerning provisional protection after international publication. The relevant provisions of its national law include Articles 170.2 and 67 of Law No. 24/2015 on Patents and the requirements are as follows:

If the international application has been published in Spanish, the provisional protection shall take effect in Spain with respect to that application from the date of international publication. If it has been published in another language, the provisional protection shall take effect from the date on which its translation into Spanish is made available to the public at the Spanish Patent and Trademark Office. For this purpose, a notice of the date from which the translation of the application is made available to the public shall be published in the Official Industrial Property Bulletin.

If the applicant does not reside in Spain or in a country of the European Union, the translation must be either prepared by a patent attorney entitled to practice before the Office, or certified by a sworn translator appointed by the Ministry of External Affairs of Spain. In addition, persons who declare to have linguistic and technical knowledge in accordance with the Ministerial Order ETU/320/2018 of March 26, 2018 may also prepare the translation.

That provisional protection consists of the right to demand compensation, reasonable and appropriate to the circumstances, from any third party who, between the date the translation into Spanish has been published and the date of publication of the mention that the patent has been granted, has made use of the invention which after that period would be prohibited by virtue of the patent.

It is understood that the patent application has never provided provisional protection when it has been or is considered to have been withdrawn, or when it has been refused or revoked by virtue of a final decision.

The Office has also changed the conditions for exemptions, reductions or refunds of the national fee, which are now as follows:

Fee reductions are available to Spanish public universities and entrepreneurs. For further information, refer to Invention fees, available at: https://www.oepm.es/en/tasas-y-precios-publicos/tasas-de-invenciones/

Where the Spanish Patent and Trademark Office benefits from an earlier international search or examination, refund of search report fee and substantive examination fee can be applicable.

For more information, refer to the Instruction on the refund of search report fee and substantive examination fee, available at: https://www.oepm.es/export/sites/portal/comun/documentos_relacionados/PDF/2019_03_06_Reembolso_Tasas_IET_Resolucion.pdf

(Updating of PCT Applicant’s Guide, Annex B (ES) and National Chapter, Summary (ES))

The Office has also introduced various changes in relation to fees charged, tasks performed and microorganisms accepted by the Colección Española de Cultivos Tipo (CECT), an International Depositary Authority (IDA) under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. For more information, refer to Budapest Notification No. 380 of April 8, 2026.

GB United Kingdom (fees)

As of 1 April 2026, the fee for reinstatement of rights (PCT Rule 49.6(d)(i)) payable to the Intellectual Property Office (IPO)[2] as designated (or elected) Office changed to GBP 200.

Several components of the national fee payable to the Office as designated (or elected) Office have also changed with effect from the same date:

National fee for processing of an international application: ..... GBP 40
Excess claims fee (for each claim over 25): .................................. GBP 27
Excess pages fee (for each page of description over 35): .......... GBP 13

Search fee:

Where a search has already been made by an International Searching Authority: ..... GBP 200

When search/substantive examination is requested electronically ........................... GBP 160

In other cases: ...................................................................................................................... GBP 240

When search/substantive examination is requested electronically .......................... GBP 200

Substantive examination fee: ............................................................................................ GBP 170

When search/substantive examination is requested electronically ......................... GBP 130

(Updating of PCT Applicant’s Guide, National Chapter, Summary (GB))

KR Republic of Korea (fees)

From 1 June 2026, there will be a change in the equivalent amount in KRW of the handling fee payable to the Ministry of Intellectual Property of the Republic of Korea (MOIP), as indicated in the PCT Fee Tables.

(Updating of PCT Applicant’s Guide, Annex E (KR))

NL Netherlands (Kingdom of the) (Office telephone number and web address)

The telephone number and web address of the Netherlands Patent Office are now:

Telephone: (31-88) 042 40 02

Website: https://www.octrooicentrum.nl

(Updating of PCT Applicant’s Guide, Annex B (NL))

PL Poland (Office web address; national phase entry requirements)

The web address for obtaining a list of registered patent attorneys from the Patent Office of the Republic of Poland is now:

https://rzecznicy.uprp.gov.pl/attorneys

The Office has changed its requirements for entry into the national phase: an applicant is only required to send a copy of the international application if the national phase entry takes place prior to publication of the international application. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).

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

RU Russian Federation (Office telephone numbers; requirements concerning the deposit of microorganisms and other biological material)

The Federal Service for Intellectual Property (Rospatent) (Russian Federation) has changed one of its telephone numbers for application processing. The telephone numbers are now:

Telephone: (7-499) 240 60 15 (general)
(7-499) 240 58 88 (application
(7-495) 531 64 81 processing)

The Office has also notified various changes to technical requirements, procedures and IDAs under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For more information, refer to Budapest Notification No. 379 of March 26, 2026.

SE Sweden (changes in national law and procedures)

The Swedish Intellectual Property Office (PRV) has made several changes in provisions of its national legislation:

As regards filing international applications with foreign Offices, restrictions apply in relation to defence inventions made in Sweden or belonging to a person resident in Sweden or to a Swedish company (Sections 1, 2, 6 and 10 of the Defence Inventions Act (1971:1078)).

As regards international-type search, the relevant provisions of national law are now Article 20, Chapter 4 of the Patents Act, and Article 4, Chapter 3 of the Patents Decree.

As regards representation before the Office in its capacity as receiving Office, an agent is no longer required for any applicant.

(Updating of PCT Applicant’s Guide, Annex B (SE) and Annex C (SE))

TN Tunisia (Office email address)

The email address of the National Institute for Standardization and Industrial Property (INNORPI) (Tunisia) is now: contact@innorpi.tn

(Updating of PCT Applicant’s Guide, Annex B (TN))

UY Uruguay (fees)

As of 1 January 2026, several fees payable to the National Directorate of Industrial Property and Software Registry (DNPIRS) (Uruguay) in its capacity as receiving Office changed as follows:[3]

Transmittal fee (PCT Rule 14): ..................................... Equivalent in UYU of UYI 672.62

Fee for requesting restoration of the right
of priority (PCT Rule 26bis.3(d)): ................................ Equivalent in UYU of UYI 3,363.10

The Office also changed the amounts of the following fees payable to it as designated (or elected) Office, with effect as of 1 January 2026:

Fee for reinstatement of rights (PCT Rule 49.6(d)(i)): .............. Equivalent in UYU of UYI 3,363.10

Fee for requesting restoration of the right
of priority (PCT Rule 49ter.2(d)): ................................................. Equivalent in UYU of UYI 3,363.10

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

Search fee and other fees relating to international search (various Offices)

From 1 May 2026, there will be a new equivalent amount in EUR for the search fee for an international search carried out by the Australian Patent Office.

From 1 June 2026, there will be changes in the equivalent amounts payable in the currencies specified below for international searches carried out by the following Offices:

Egyptian Intellectual Property Authority ............................................................. CHF, EUR, USD

Intellectual Property Office of Singapore ............................................................ JPY

Japan Patent Office (JPO) ...................................................................................... SGD, USD

Ministry of Intellectual Property of the Republic of Korea (MOIP).................. CHF

(Updating of PCT Applicant’s Guide, Annex D (AU, EG, JP, KR and SG))

[1] The list of patent attorneys may be obtained from the Patentanwaltskammer (Chamber of Patent Attorneys), Postfach 260108, 80058 München, Germany, and the list of attorneys-at-law from the Bundesrechtsanwaltskammer (Chamber of Attorneys-at-Law), Littenstrasse 9, 10179 Berlin, Germany.

[2] Intellectual Property Office is an operating name of the Patent Office.

[3] The Office’s fees are established in UYI (Indexed Units (UI)) (Art. 117 of Law on Patents No. 17.164, as amended by Art. 279 of Law No. 20.446, dated 1 January 2026), but payable in UYU and are updated monthly according to the value of the UI on the first day of each month.

Back to Contents page