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96.1 Schedule of Fees Annexed to Regulations - Patent Cooperation Treaty
§ 96.1 Schedule of Fees Annexed to Regulations
The amounts of the fees referred to in Rules 15 and 57 shall be expressed in Swiss currency. They shall be specified in the Schedule of Fees which is annexed to these Regulations and forms an integral part thereof.
SCHEDULE OF FEES*, **
PCT INDEX-LEGEND
A
Abandonment of IA as to USPTO
... 37 CFR 1.495(h)
Abbreviated expressions used in IA
Meaning of
... A.I. 101
... 37 CFR 1.401
Codes/Indications
... A.I. 115
Abstract
... Rule 8
Amendment by ISA in response to applicant's comments
... A.I. 515
Missing or defective
... Rule 38
U.S. Rule regarding
... 37 CFR 1.438
Absence of quorum in assembly, voting
... Rule 25
Access to files
... Rule 94, 37 CFR 1.14
Additional (new) matter in request, deletion of
... A.I. 303
Addresses of applicants, inventors and agents
... Rule 4.4
Administrative instructions - scope, source, entry into force
... Rule 89
Administrative provisions of the PCT
Assembly
... Art. 53
Committee for technical cooperation
... Art. 56
Executive committee
... Art. 54
Finances
... Art. 57
International bureau
... Art. 55
Regulations
... Art. 58
Agent
See also Common representative
See also Representative
"Applicant" encompasses the term "agent" in certain situations
... Rule 2.1
Appointment of
... Rule 90.1
Changes, recording of by IB
... Rule 93bis.1
In general
... Rule 2.2, Rule 4.7, Rule 90
Indications concerning,
In demand
... Rule 53.2, Rule 53.5
In request
... Art. 4, Rule 4.1, Rule 4.7
National law requirements
... Art. 27
... Rule 51bis.1b
Notice of change of agent sent to IB
... A.I. 328
Notice of change of agent sent from IB to ISA and IPEA
... A.I. 425
Notice of change of agent sent from ISA to IB.
... A.I. 512
Notice of change of agent sent from IPEA to IB
... A.I. 608
Right of agent to practice before international authorities
... Art. 49
Amendment
Copy of amendment under Article 19 for IPEA
... Rule 62
Copy of amendment under Article 19 sent (communicated) to DO
Definition of, before IPEA
... Rule 66.5
Form of, before IPEA
... Rule 66.8
Language of, before IPEA
... Rule 66.9
Language of changes in the IA
... Rule 12.2
Processing of Article 19 amendment by IB
... A.I. 417
Processing of by IPEA
... A.I. 602
Of abstract by ISA
... A.I. 515
Of claims, description, and drawing before DO
... Rule 52
Of claims before IB
Of claims before IPEA
... Art. 34, 37 CFR 1.485
Of claims before EO
Of claims Numbering and identification in amendment
... A.I. 205
Of description before IPEA
... Art. 34,
... 37 CFR 1.485
Of description before EO
Of drawing before EO
Of drawing before IPEA
... Art. 34, 37 CFR 1.485
Of certain PCT provisions
... Art. 61
See also Revision of PCT
Of PCT regulations
Sheet(s) - processing of by RO
... A.I. 309
Applicant
Different applicants for different designated states
... Rule 4.5
... A.I. 203
Entitled to make a demand
... Art. 31(2), Rule 54
First named used to identify IA
... A.I. 105
Improper, in U.S. national stage
... 35 U.S.C. 373
In general
... Art. 9, Rule 2.1, Rule 4.5, Rule 18
Recording by IB of changes regarding applicant
... Rule 92bis
U.S. regulation regarding
... 37 CFR 1.421
Application - See International application
Assembly of PCT contracting states
... Art 53
Executive committee established by
... Art. 54
Assignment
Of IA, possible requirement to furnish to a national Office
... Rule 51bis.1
Recording by USPTO if U.S. is a designated country in the IA
... 37 CFR 3.21
Authorized officer
Availability of translation of IA to IB
... Rule 95
B
Biological material invention,
... Rule 13bis
Deposited, Indications as to
... A.I. 209
See also
Nucleotide or amino acid sequence listing
Sequence listing
C
Calendar (Gregorian to express dates)
... Rule 79
See also Dates
Changes in person, name or address of applicants and inventors (U.S. requirements)
... 37 CFR 1.472
National stage inventorship
... 37 CFR 1.41(a),
... 37 CFR 1.497(d)
Check list (In request)
Re documents filed with IA
... Rule 3.3
Necessary annotations by RO
... A.I. 313
Citations (proper) of documents in the ISR
... A.I. 503
Claims
Amendment before EO
... Art. 41
Amendment before IB
Amendment before IPEA
... Art. 34, Rule 66.4, Rule 66.8
In general
Numbering and identification upon amendment
... A.I. 205
U.S. regulation regarding
... 37 CFR 1.436
Classification of IA subject matter
... A.I. 504
Committee established by assembly of states
... Art. 56
Common representative
Change of
... A.I. 106
Notice of change sent from RO to IB
... A.I. 328
Notice of change sent from IB to RO, ISA, & IPEA
... A.I. 425
Notice of change sent by ISA to IB
... A.I. 512
Notice of change sent by IPEA to IB
... A.I. 608
Communication
From IB, of IA, ISR, or any Article 17(2)(a) determination and indication that no search will be established, to each DO
Communication transmitted electronically
... Rule 89bis, A.I. 114, A.I. 701-713,
... A.I. Annex F
Competent IPEA
... Rule 59
Competent ISA
Competent RO
... Art. 11(1)(i), Rule 19
Confidential nature
Of IA
... Art. 30
Of IPE
... Art. 38
Of written opinion of ISA
... Rule 44ter
Confirmation copy of facsimile transmission (N/A in U.S.)
... Rule 92.4, A.I. 331
Continuation or continuation-in-part, IA treated as in any designated state
Copies
In electronic form of documents filed on paper
... Rule 89ter
Sequence Listings and/or tables relating thereto
Making home copy and search copy from original IA (record copy) by RO
Sequence Listings
... A.I. 804
Identifying RC, SC, and HC by RO
... A.I. 305
Correction of request by RO ex officio
... A.I. 327
Corrections and amendments during international processing.
... 37 CFR 1.471
Correspondence
For applicant, to whom sent
... A.I. 108
In general
... Rule 92
D
Dates (using Gregorian calendar)
... Rule 79
Format of, in IA
... A.I. 110
Deadlines (See also Time limit)
Applicable to Applicants
(1) Before the RO
After which applicant can request RO to certify copy of IA as identical with IA as filed and applicant can send certified copy to IB (14 months from PD)
... Rule 22.1
To correct Article 14(1) defects in IA
... Art. 14(1)b
(e.g., IA is not properly signed, does not contain proper indications re applicant, has no title, has no abstract, does not comply with physical requirements in Rule 11)
... Rule 26.2
Extensions of time available
... Rule 26.2
Sanction: RO declares IA withdrawn under Rule 29.
To correct defects under Article 11 to obtain an international filing date
... Art. 11(2), Rule 20.6
Sanctions: International filing date given IA when Article 11(1) defect is corrected in time set by RO; but RO declares IA withdrawn if not corrected within time set.
To provide missing drawings (30 days)
... Art. 14(2),
... Rule 26.2, 37 CFR 1.437
Extensions of time available
... Rule 26.2
Sanction: Drawings considered nonexistent.
To pay deficiencies in transmittal fee (Rule 14), international filing fee (Rule 15.1), search fee (Rule 16), late payment fee (Rule 16bis.2)
... Art. 14(3),
... Rule 16bis, 37 CFR 1.431
Extension of time - One month set by RO when RO finds deficiency
... Rule 16bis.1
Sanction: RO declares IA withdrawn under Rule 29.
To pay deficiencies in the transmittal fee, international filing fee (incl. suppl. for over 30 pages) or search fee when RO finds discrepancies before fees are due
... A.I. 304(b)
Extensions of time available
... Rule 26.2
To pay deficiencies in designation fees when RO finds discrepancies before fees are due
... A.I. 304(b)
(2) Before the ISA
To amend claims under Article 19 before IB within two months of date of transmittal of ISR to IB, or 16 months from priority date
... Rule 46.1
To amend claims under Article 19 - latest of 2 months from date ISR sent to IB and Applicant or 16 months from PD or if amendment reaches IB before completion of technical preparations for Ipub
... Rule 46.1
To submit priority document, unless already filed with RO together with IA, to IB or RO not later than 16 months after PD, or where DO processes IA at any time on express request of applicant (Art. 23(2)), not later than date processing or examination is requested
... Rule 17.1
Where lack of unity of invention is held, time limit of between 15 and 45 days set to pay additional fees to have additional inventions searched
... Art. 17(3)
(3) Before the IPEA
To amend claims, description, or drawings under Article 34 before the IPE
... Rule 66
... 37 CFR 1.485
To amend claims, description, or drawings under Article 34before the IPEA at time of filing demand or, subject to Rule 66.4bis, until IPER is established
To correct defects in demand upon invitation within a time limit not less than 1 month and which may be extended by IPEA before a decision is made
... Rule 60.1
To file a demand
... Rule 54bis
To provide translation of priority document upon invitation by IPEA within 2 months of invitation date
... Rule 66.7
To respond (including Article 34 amendments) to a written opinion within time set therein (not less than 1 month)
... Rule 66.2
Rule 66.2 permits response time set in written opinion to be from 1 month to 3 months (plus extensions)
... Rule 66.2
Time for reply set in written opinion is non-extendable
... 37 CFR 1.484(d)
Where lack of unity of invention is held by IPEA, time limit of between 1 and 2 months set to pay additional fees to have additional inventions examined
... Art. 34(3)
... Rule 68.2, 37 CFR 1.488
When filing a demand for IPE, must pay handling fee at time demand filed or within the 1 month deadline set when IPEA invites applicant to pay the fee
... Rule 57
Sanction: IPEA considers IA withdrawn.
When seeking IPE, preliminary examination fee must be paid at time demand filed or within the 1 month deadline set when IPEA invites applicant to pay the fee
... Rule 58bis
Sanction: IPEA considers IA withdrawn.
(4) Before the DO/EO
To enter the National Stage under 35 U.S.C. 371
... 37 CFR 1.495
To amend claims description, or drawing under Article 28 before the DO
... Rule 52
To amend claims, description, or drawings before EO (varies)
... Rule 78
Applicable to the RO
For RO to check certain elements (request is signed, has indications re applicant, has a title, an abstract, meets physical requirements of Rule 11) of IA
... Rule 26.1
For RO to hold IA withdrawn for lack of compliance with Article 11(1), items (i) to (iii) after IA has already been accorded a filing date
... Art. 14(4), Rule 30
For RO to transmit record copy to IB (normally 13 months or earlier, unless failure to obtain national security clearance obtained)
... Rule 22
For RO to transmit search copy to ISA
... Rule 23
Applicable to the IB
For IB to notify applicant, RO, ISA (unless it declined to be notified) and DO (if it asked to be notified) of fact and date receipt of record copy of IA
... Rule 24
International publication of IA promptly after expiration of 18 months from PD, unless earlier publication requested under Articles 21(2)(b) and 64(3)(c)(i)
... Art. 21
... Rule 48
Applicable to the ISA
For ISA to establish the ISR (or declaration that the subject matter is not required to be searched or is unsearchable as per Article 17(2)) - the later of 3 months from date of receipt of SC by ISA or 9 months from PD
... Rule 42
Applicable to the IPEA
For IPEA to establish the IPER
... Rule 69.2
For IPEA to start IPE
... Rule 69.1
IPEA shall promptly notify applicant of receipt of the demand
... Rule 61.1
Deceased inventor (U.S. Rule)
... 37 CFR 1.422
Declarations relating to national requirements
... Rule 4.17, Rule 51bis.1(a)
Correction of or addition of
... Rule 26ter.1, A.I. 216, A.I. 317
Ex officio corrections are not to be made
by RO
... A.I. 327(d)
by IB
... A.I. 419(c)
Invitation for, by IB
... Rule 26ter.2(a)
Invitation for, by RO
... Rule 26ter.2(a)
Processing by IB
... Rule 26ter.2(b), A.I. 419
Entitlement to apply for a patent
... Rule 4.17(ii),
... Rule 51bis.1(a)(ii), A.I. 212
Entitlement to claim priority
... Rule 4.17(iii),
... Rule 51bis.1(a)(iii), A.I. 213
Exceptions to lack of novelty
... Rule 4.17(v),
... Rule 51bis.1(a)(v), A.I. 215
Identity of inventor
... Rule 4.17(i),
... Rule 51bis.1(a)(i), A.I. 211
Inventorship
... Rule 4.17(iv),
... Rule 51bis.1(a)(iv), A.I. 214
Non-prejudicial disclosures
... Rule 4.17(v),
... Rule 51bis.1(a)(v), A.I. 215
Processing by IB
... Rule 26ter.2, A.I. 419
Defects
Correction
Of indications re applicant's residence or nationality
... A.I. 329
Of obvious defects, by RO
... A.I. 325
Of request, ex officio , by RO
... A.I. 327
Processing by IB
... A.I. 413
IA held withdrawn because of failure to correct certain defects
... Rule 29.1
In abstract
... Rule 38
In certain original documents submitted to national Office
... Rule 92.4
In demand
... Rule 60.1
In drawings furnished to DO under Rule 49.5, possibly permitting correction by invitation
... Rule 49.5(g)
In power of attorney - consequences
... Rule 90.4(c)
In the title
... Rule 37
Invitation to correct Article 14(1)(b) defects
... Rule 26.3bis
Invitation to correct Article 3(4)(i) defects
... Rule 26.3ter
Mentioned in IPER
... Rule 90.12
Noted by IB
... Rule 28
Definition of PCT terms
... Art. 2, 37 CFR 1.401
Delays in meeting time limits, excuse of
... Rule 82
... 37 CFR 1.468
Demand for international preliminary examination (IPE)
Applicant entitled to make demand
... Rule 54
Copy sent by IPEA to IB
... Rule 61.1
Defects in
... Rule 60.1
Evidence of right to file demand
... A.I. 614
Filed with other than a competent IPEA, treatment of
... Rule 59
In general
Not considered to have been made: Notification by IB to EOs
... A.I. 418
Notice sent by IPEA re filing after 19 months from PD
... A.I. 601
Publication of notice of demand
... Rule 61.4
Recording by IB of changes:
... Rule 92bis
Notifications regarding this sent by IB
... A.I. 422
Time limit for making
... Rule 54bis
U.S. regulation regarding
... 37 CFR 1.480
Deposited microorganism
Indications on separate sheet
... Rule 13bis, A.I. 209
Description
Amendment before IPEA
... Art. 34
Amendment before EO
Headings for parts of
... A.I. 204
In general
Of nucleotide/amino acid sequence
... Rule 5.2,
... Rule 13ter, A.I. 801-A.I. 806, 37 CFR 1.821
U.S. regulation regarding
... 37 CFR 1.435
Design - not mentioned as subject matter for IA
... Art. 2(i)
Designated Office (DO)
Amendment of claims, description, and drawings before DO
... Art. 28
Communication of IA, ISR, or declaration under Article 17(2)(a)
Not accepting sequence listings in computer readable form
... A.I. 806
Notification by DO to IB of number of IAs that did not enter the national stage timely
... A.I. 112
Opportunity to correct IA before DO
... Art. 26
Review by
... Art. 25
U.S. regulation regarding
... 37 CFR 1.414
Designated states
Possible loss of effect in
... Art. 24
Withdrawal of/held withdrawn
Designation of States
Cancellation, ex officio, by IB
... A.I. 423
Cancellation of designations of noncontracting States by RO, ex officio
... A.I. 318
U.S. regulation regarding
... 37 CFR 1.432
Diagrams, considered as drawings
... Rule 7.1
Disputes
... Art. 59
Docket reference (applicant's IA file reference)
... A.I. 109
Documents cited in ISR
... A.I. 503
Documents filed with IA
Manner of marking necessary annotations in checklist sent to IB by RO with RC of IA
... A.I. 313
Drawing(s)
Amendment of, before DO
... Art. 34
Amendment of, before EO
... Art. 41
Flowsheets and diagrams considered as
... Rule 7.1
In general
Invitation by RO to correct informal drawings
... Rule 26
Missing - RO procedure concerning
... A.I. 310
Time set to file where not necessary to understanding of invention
... Rule 7.2
Referred to, but not included in IA
... Art. 14(2)
U.S. regulation regarding
... 37 CFR 1.437
E
Elected Office (EO)
Notification to IB of number of applications filed after national stage deadline
... A.I. 112
U.S. as
... 37 CFR 1.414
Election(s)
Cancellation of ex officio by IB
... A.I. 423(b)
Cancellation of ex officio by IPEA
... A.I. 606
Errors
By RO or IB, rectification of
... Rule 82ter
Correction of obvious
Authorization of by IPEA
Ex officio by RO
Processing by IB
In documents
... Rule 91
In request, ex officio , by RO
... A.I. 327
Ex Officio correction of request by RO
... A.I. 327
Expenses of delegations
... Rule 84
Expressions and language, not to be used
... Rule 9
See also Language prohibited
Correction of
... A.I. 501
Extension of time
Before IPEA
... Rule 58bis
to pay international filing fee, search fee,
and transmittal fee - under Rules 14, 15,
and 16
... Rule 16bis
F
Fee(s)
... Rule 96.1
Additional fees per invention where lack of unity is found by
IPEA
... Art. 34(3), Rule 68
ISA
... Art. 17(3), Rule 40
Application of money received by RO in certain cases
... A.I. 321
Associated with demand
Handling fee
Late payment fees
... Rule 58bis.2
Time limit for payment
... Rule 57.3, Rule 58bis.1
Preliminary examination fee
... Rule 58
ISA was not U.S
ISA was U.S.
Late payment fees
... Rule 58bis.2
Time limit for payment
... Rule 57.3,
... Rule 58.1(b), Rule 58bis.1
(Where lack of unity of invention held by IPEA, there is a fee for each additional claimed invention)
... Art. 34(3), Rule 68,
U.S. regulation regarding
... 37 CFR 1.482
Associated with request
Extension of time to pay international filing fee, search fee, and transmittal fee - under Rules 14, 15, and 16
... Rule 16bis
International filing fees
... Rule 15
International filing fee
Additional component for sequence listing part in computer readable form
... A.I. 803
Basic component based on number of sheets
... A.I. 803
PCT search fee
... Rule 16
No prior U.S. application
Prior U.S. national application
... 37 CFR 1.445(a)(2)(i)
U.S. regulation regarding.
... 37 CFR 1.445
(Where lack of unity of invention held by ISA, there is a fee for each additional claimed invention)
... Rule 40. Art. 17(3),
Transmittal fee
... Rule 14
U.S. rule
Invitation by RO to pay before date due
... A.I. 304
Invitation by RO to request search fee refund.
... A.I. 322
Invitation to pay fees
... A.I. 320
Invitation to request refund of fees before IPEA
... A.I. 613
Lack of payment of
... Rule 27
Late payment fee re international filing fee, search fee, and transmittal fee - under Rules 14, 15, and 16
... Rule 16bis.2
National stage fee to DO
... Art. 22
U.S. statute regarding
... 35 U.S.C. 376
U.S. regulation regarding
... 37 CFR 1.492
National stage fee to EO
... Art. 39
U.S. statute regarding
... 35 U.S.C. 376
U.S. regulation regarding
... 37 CFR 1.492
PCT-EASY
... A.I. 102bis(c)
Preliminary examination fee
... Rule 58
Refund of IA filing and processing fees
... Rule 15.6, Rule 16.2, Rule 40.2(c)
U.S. regulation regarding
... 37 CFR 1.446
Schedule of fees
... Rule 96
Special fees for publication, payable to the IB
... A.I. 113
Surcharge for filing oath or declaration later than 30 months from PD under 37 CFR 1.495(c)
... 37 CFR 1.492(e)
Transmittal fee
... Rule 14, 37 CFR 1.445(a)(1)
File (IA) reference (IA docket no. of applicant)
... A.I. 109
On IA sheets
... Rule 11.6(f)
Filing date
Certificate of U.S. Postal Service Express Mail
... Rule 20.1, 37 CFR 1.10
Of IA
... Art. 11, 35 U.S.C. 363
Finances (budget) of union of PCT states
... Art. 57
Flowsheets, considered as drawings
... Rule 7.1
Form(s)
Computer generated
Request
... Rule 3.2
Demand
... Rule 53.1(a)
PCT
... A.I. Annex A
PCT, use of
... A.I. 102
G
Gazette, PCT
... A.I. Annexes D and E
Free copies of, to ISA, IPEA, national Office
... Rule 87
H
Handling fee for IPE (re demand)
... Rule 57
Home Copy (HC) of IA, preparation of
... Rule 21, A.I. 305
I
Identification
Of DO
... A.I. 107
Of EO
... A.I. 107
Of IA having two or more applicants
... A.I. 105
Of IA file (docket reference by applicant)
... A.I. 109
Of international authorities
... A.I. 107
Indications (two letter codes identifying countries and other entities)
... A.I. 115
Industrial applicability
... Art. 34(4), Art. 35(2), (b),
Intellectual property protected under PCT
... Art. 2(i)
International application (IA)
Application no.
... A.I. 307
Indelibly marked on each sheet of IA
... A.I. 308
Arrangement of contents/elements
... A.I. 207
Availability of, to DO
... Art. 13
Certain defects in
... Art. 14
Checking by RO and correcting parts of before RO
... Rule 26
Communicated (sent) to each DO by IB
Confidential nature of IA
... Rule 30
Considered withdrawn
Copy of IA sent from IB to IPEA
... A.I. 420
Copy, translation and national fee to EO
... Art. 39
Effect of IA designation of U.S
... 35 U.S.C. 363
Filing date and effects of
... Art. 11
Filing in electronic form
... Rule 89bis, A.I. 102bis, A.I. 335,
... A.I. 701-A.I. 713, A.I. Annex F
Sequence Listings and/or tables relating thereto
In general
... Art. 3
Ipub number of
... A.I. 404
Language of
... Rule 12
Numbering - three sets: one for request, another for description, and a third for drawings
... A.I. 207
Numbering system of IA.
... .A.I. 307
Copy of notification of IA number and IA filing and PD(s) sent to IB
... A.I. 324
Marking each sheet of IA with
... A.I. 308
Physical requirements of
... Rule 11, 37 CFR 1.433
Purported IA, notification of receipt of, by RO
... A.I. 301
Requirements, U.S. regulation regarding
... 37 CFR 1.431
Sheet numbering (separate sets for request, description, and drawings)
... A.I. 207
For Ipub
... A.I. 410
Sheet(s)
Cancellation, substitution, addition, renumbering by RO
... A.I. 311
Translation of IA sent by applicant to DO
... Art. 22
Transmittal of IA to IB and ISA
Treated as continuation or continuation-in-part
... Rule 4.11(a)(iv); Rule 49bis
Withdrawn IA, U.S. statute regarding
... 35 U.S.C. 366
International Bureau (IB)
In general
... Art. 55
Patent information services provided by
... Art. 50
U.S. regulation regarding
... 37 CFR 1.415
International filing fee
... Rule 15
International preliminary examination (IPE)
Conduct of, in U.S.
... 37 CFR 1.484
Confidential nature of
... Art. 38
Copy, translation and fee for, furnished to EO
... Art. 39
Delay to enter national stage
... Art. 39(1)(a)
Demand for
... Art. 31
Withdrawal of
... Art. 37
In general
... Art. 33
Inventive step
IPEA
... Art. 32
IPER
Communication of IPER
... Rule 73
Guidelines for explanations in
... A.I. 604
Method of identifying documents cited in
... A.I. 611
Translation of
... Rule 72
Translation of annexes and transmittal
... Rule 74
Prior art for
... Rule 64
Start of, and time limit for
... Rule 69
Transmittal, translation, and communication of IPER to applicant and IB
... Art. 36
... Rule 71
Use of same file for ISA and IPEA
... A.I. 604
Written opinion by IPEA
Amendment of claims, description, and drawing under Article 34 in response to
... Art. 34
International Preliminary Examining Authority (IPEA)
Competent IPEA
... Rule 59
In general
... Art. 32
Lack of unity determination
... Rule 68
Minimum requirements for
... Rule 63
Nonexaminable subject matter
... Rule 67
Notification by IPEA of date of receipt of demand and of election to IB and applicant
... Rule 61.1
Procedure before
U.S. regulation regarding
... 37 CFR 1.416
U.S. statute regarding
... 35 U.S.C. 362
International preliminary report on patentability
By the IPEA
... Rule 70
By the ISA
... Rule 44bis
International publication
By IB of IA
Copies of publications to ISA, IPEA, national offices
... Rule 87
Effect of, in United States
... 35 U.S.C. 374
Number
... A.I. 404
Of IA, effects of
... Art. 29
Provisional Rights (in U.S.)
... 35 U.S.C. 154(d)
Publication number (WO _________)
... A.I. 404
International search (IS)
... Art. 15
Time limit for accomplishing
... Rule 42
International Searching Authority (ISA)
... Art. 16
Competent
... Rule 35
Minimum requirements
... Rule 36
Procedure before
... Art. 17
U.S. statute regarding
... 35 U.S.C. 362
U.S. regulation regarding
... 37 CFR 1.413
International search fee
... Rule 16
International search report (ISR)
Communicated (sent) from IB to DO
Copy of IA provided by IB for ISA
... A.I. 420
Indication of citations of relevance in
... A.I. 505
Indications of special categories of documents cited in
... A.I. 507
Indication of claims to which documents are relevant
... A.I. 508
In general
... Art. 18
Method of identifying documents cited in
... A.I. 503
Subject matter not required to be searched
... Rule 39
Time limit for establishing
... Rule 42
Transmittal of, from ISA to IB
... Rule 44
Translation of ISR
... Rule 45
International-type search
... Rule 41.1
Inventive step
Inventions
Protection available under PCT
Indications of kinds of protection
... Rule 4.9
Inventor(s)
Correction of
... Rule 92bis
Deceased
... 37 CFR 1.422
Incapacitated or insane
... 37 CFR 1.423
Joint
... 37 CFR 1.421(b)
L
Lack of unity of invention
Examples
... A.I. Annex B
In IPE
... Rule 68, 37 CFR 1.475, 37 CFR 1.488,
... 37 CFR 1.489
In IS
... Rule 40, 37 CFR 1.475, 37 CFR 1.476,
... 37 CFR 1.477
In national stage
... 37 CFR 1.475, 37 CFR 1.499
Unity of invention in IA, in general
... Rule 13
Examples
... A.I. Annex B
Language
Of correspondence by applicant to IB and RO
... A.I. 104
Of demand for IPE
... Rule 55
Of forms used by international authorities
... A.I. 103
Of IA
... Art. 11(1)(ii), Rule 12
Of Ipub of IA
... Rule 48.3
Of IPER
... Rule 72
Of ISA
... Rule 43.4
Of translation of IA
Prohibited expressions
... Rule 9
Correction of
... A.I. 501
Later elections (elections submitted after the demand)
Later indication of priority application number by RO to IB
... A.I. 319
Later submitted sheets, RO procedure
... A.I. 309
Loss of effect of IA in designated states
... Art. 24
(Same consequences as withdrawal of IA)
M
Mail service
Irregularities in
... Rule 82
Microbiological inventions
See Biological material inventions Nucleotide/amino acid sequence listings
Minimum documentation in ISA
... Art. 15(4), Rule 34
Missing drawings, RO procedure
... Art. 14(2), Rule 26.6, A.I. 310
N
National Office
Right to practice before
... Art. 49, Rule 83, Rule 90.1
National stage
Amendment of claims, description, and drawings before DOs
Before EOs
Certain national requirements allowed under Article 27(1),(2),(6),(7)
... Art. 27, Rule 51bis
Copy of IA, translation and fee to DO
... Art. 22
Delaying of national examination and other processing
DO that does not accept sequence listings in computable readable form
... A.I. 806
Protection available
As well as patent protection
... Art. 44
Other than patent protection
... Art. 43
Requirements
... Art. 27
Results of national examination in different countries
... Art. 42
United States
Commencement in
... 35 U.S.C. 371, 37 CFR 1.491
Entry into U.S., requirements
... 37 CFR 1.495
Entry into U.S., time of
... 37 CFR 1.491
Examination in
... 37 CFR 1.496
Improper applicant
... 35 U.S.C. 373
National U.S. patent issued on IA, effect
... 35 U.S.C. 375
National security prescriptions
... Art. 27(8)
Delay or prevention of transmittal of RC to IB
... A.I. 330
Nationality
Qualifications
... Rule 18.2
In demand
... Rule 54.1
Recording of changes to by the IB
... Rule 92bis.1
Nationality or residence of applicant, correction of
New (additional) matter
In request, deletion of ex officio
... A.I. 303
Nomenclature - See also Terminology and signs
... Rule 10
Notification by IPEA of date of receipt of demand to IB and applicant
... Rule 61
Nucleotide and/or amino acid sequence listings
... Rule 13ter
Transmitted by RO to ISA
... A.I. 313(c)
Number and numbering of claims
... Rule 6.1
Number of (accorded to) IA
... Rule 20.1
Number of copies of IA to be filed
... Rule 11.1
Numbering of amendments
Numbering of lines on a page of IA
... Rule 11.8
Numbering of sheets of IA
... Rule 11.7
Numbering of sheets for Ipub
... A.I. 410
O
Oath or declaration in U.S. national stage application
... 35 U.S.C. 371(c)(4), 37 CFR 1.497
Obvious errors in documents
... Rule 91
Rectification of
... A.I. 511
Obviousness/nonobviousness
... Art. 33(3), Rule 65
See also Inventive step
Opportunity to correct IA before DO
... Art. 26
P
Pamphlets (form of publishing the IA)
... Rule 48
Patent Cooperation Treaty (PCT)
Administrative provisions
Amendment of certain provisions
... Art. 61
Assembly of contracting states
... Art. 53
Becoming a party to
... Art. 62
Committee for technical cooperation
... Art. 56
Denunciation
... Art. 66
Depositary functions
... Art. 68
Disputes
... Art. 59
Entry into force of PCT
... Art. 63
Executive committee of assembly
... Art. 54
Final provisions (becoming party to treaty, entry into force of treaty, reservations, gradual application, denunciation, signature and languages, depositary functions, notifications)
... Art. 62
Finances
... Art. 57
Gradual application of PCT in a state
... Art. 65
International Bureau (IB)
... Art. 55
Notifications to states/governments re PCT issues
... Art. 69
Reservations by any state re Application of PCT provisions
... Art. 64
Revision of PCT
... Art. 60
Patent information services furnished by IB
... Art. 50
PCT-EASY diskettes
... A.I. 102bis
Reduced fees payable when using
... A.I. 102bis(c)
Transmittal of, to the IB by the RO with RC
... A.I. 335
Physical requirements of IA
... Rule 11
Power of attorney
Definition
... Rule 3.3a
General
... Rule 90.5
Practice before international authorities
Right to do so
... Art. 49,
Preliminary examination fee
... Rule 58
Prior art
Citation of (proper method)
... A.I. 503
For IPE
... Rule 64
Indications
... A.I. 505
Of special categories of documents
... A.I. 507
Relevant to IS
... Rule 33.1
Priority application number
... A.I. 408
Later indication of
... A.I. 319
Priority claim in IA
... Rule 4.10
Correction or cancellation by RO
... A.I. 314, Rule 26bis.1
Correction or cancellation by IB
... A.I. 402, Rule 26bis.1
Invitation to correct defects in
... Rule 26bis.2
Not considered to have been made
Notice to that effect by IB, if not by RO
... A.I. 409
U.S. regulation regarding
... 37 CFR 1.451
Withdrawal of, by applicant
... Rule 90bis.3
Priority, right of (in U.S.)
... 35 U.S.C. 365
Benefit of filing date of a prior application
... 35 U.S.C. 365, 37 CFR 1.55
... 37 CFR 1.78
Priority document
... Rule 17
Benefit of filing date of a prior application
... 35 U.S.C. 365, 37 CFR 1.55, 37 CFR 1.78
Copy, translation, and fee furnished to EO under Article 39(1)
... Rule 76
Fee for certified copy of, |from USPTO
In proceedings before IPEA
... Rule 66.7
Invitation by IB to furnish
... A.I. 421
Receipt of by IB
... A.I. 411
Translation and time limit to furnish to EO
... Rule 76
Translation and time limit to furnish to IPEA
... Rule 66.7
Transmittal by RO to IB
... A.I. 323
U.S. regulation regarding
... 37 CFR 1.451
Protection available under PCT
Indications of kinds of protection in request
... Rule 4.11(a)(iii)
Protest against payment of additional fees re holding of lack of unity
Before U.S. IPEA
... 37 CFR 1.489
Before U.S. ISA
... 37 CFR 1.477
Publication - See International publication
Q
Quorum, absence of
Voting by correspondence
... Rule 85
R
Receipt of IA by RO
... Rule 20
Notification of by RO to IB
... Rule 20.5(b)
Notification of by RO to applicant
... A.I. 301
Receiving Office (RO)
Competent
... Rule 19
In general
... Art. 10
U.S. RO
... 35 U.S.C. 361, 37 CFR 1.412
Record copy (RC) (originally filed IA)
Definition
... Rule 20.5(b)
Transmittal to IB by RO
... Rule 22, A.I. 335, 37 CFR 1.461
Marking sheets of, by IB
... A.I. 401
Receipt by IB
... Rule 24
Rectification of obvious errors
... Rule 91
Authorized by IPEA
... A.I. 607
Authorized or not by the ISA
... A.I. 511
Handling of, by RO
... A.I. 325
Limitations/restrictions on
... Rules 91.1(b) to (gquater)
Refund
If search is based in part on earlier search
... Rule 41
Invitation by RO to request search fee refund
... A.I. 322
Invitation to request refund of fees before IPEA
... A.I. 613
Of handling fee
... Rule 57.6
Of international filing fee
... Rule 15.6
Of IPE fee
... Rule 58.3
Of IS fee
... Rule 16
Regional patent treaties
... Art. 45
Regulations of the PCT
... Art. 58
Representation/representative
See also Common representative
Appointment of
... Rule 90.4
Notice by IB to ISA and IPEA
... A.I. 425
Notice by IPEA to IB
... A.I. 608
Notice by ISA to IB
... A.I. 512
Notice by RO to IB
... A.I. 328
Common (definition)
... Rule 2.2bis
General power of attorney
... Rule 90.5
Limited recognition in patent cases
... 37 CFR 10.9
Revocation and renunciation of representative
... Rule 90.6
U.S. regulation regarding
... 37 CFR 1.455
Request (part of IA)
Contents
Declaration relating to national requirements
... Rule 4.17, Rule 51bis.1(a)
Deletion of additional material
... A.I. 303
Form
... Rule 3
In general
... Art. 4
Recording of changes in, by IB
... Rule 92bis
Notification of changes recorded by IB
... A.I. 422
Rectification of, including limitations on ability to rectify
... Rule 91.1
U.S. regulation regarding
... 37 CFR 1.434
Residence:
Corrections to
Invitation by RO
... A.I. 329
In demand
... Rule 54.1
Qualifications
... Rule 18
Recording of changes to by the IB
... Rule 92bis.1
Restriction:
See Lack of unity of invention
See Unity of invention
Results of national examination in EO
... Art. 42
Revival of U.S. national stage application
... 37 CFR 1.137
Review of RO determinations by other international authorities re
Declaration that an IA is to be withdrawn
... Art. 25
Review by USPTO
... 35 U.S.C. 367
Designation of a state considered withdrawn
... Art. 25
Review by USPTO
... 35 U.S.C. 367
Failure to accord an international filing date
... Art. 25
Review by USPTO
... 35 U.S.C. 367
Review by DOs of
Declaration that an IA is withdrawn
... Art. 25
IB decided the IA is withdrawn under Article 12(3)
... Art. 25
Refusal to accord filing date to IA
... Art. 25
Revision of PCT
... Art. 60
See also Amendment of PCT provisions
Right to practice before international authorities
S
Search - See also international search report
Search Copy (SC) of IA
Preparation of by RO
... Rule 21
Transmittal of to IB
... Rule 23
Receipt of by ISA
... Rule 25.1
Notification of lack of transmittal of SC by IB
... A.I. 412
Search other than IS
... Rule 41
Security measures of national Office delaying or preventing transmittal of RC to IB
... A.I. 330
U.S. statute regarding
... 35 U.S.C. 368
Sequence listings in computer readable form
... Rule 13ter, A.I. 801 - A.I. 806
Considered by ISA
... A.I. 513
Transmittal of
Sheets
Deletion, addition, substitution, and renumbering of by RO
... A.I. 311
Later submitted - RO handling of
... A.I. 309
Size of IA
... Rule 11.5
Signature
By parties to the PCT
... Art. 62
Notification by director general re
... Art. 69
Defective, in IA
... Art.14(1)
IA lacking prescribed signature - RO procedure
... A.I. 316
Definition (includes "seal")
... Rule 2.3
Lacking, in demand
... Rule 60.1(d)
National requirements
... Art. 27
Of PCT in English and French
... Art. 67
Requirements re correspondence
... Rule 92
Requirements re demand
... Rule 53.8
Requirements re request
... Rule 4.15
Requirements re withdrawals
... Rule 90bis.5
Signs (terminology)
... Rule 10
Size of IA sheets
... Rule 11.5
Subject matter that is proper in IA
... Rule 67
Successor states
... Rule 32
Surcharge - See also Fees: Late payment fee
T
Technical Services
Patent information services furnished by IB
... Art. 50
Relation to other PCT provisions
... Art. 52
Technical assistance committee
... Art. 51
Terminology and signs
... Rule 10
Time limit
Computation of
... Rule 80
Delay in meeting certain
... Art. 48
Delays due to mail service
... Rule 82
Excuse by the designated or elected state of delays in meeting certain time limits
... Rule 82bis
Extended beyond or shortened with respect to Article 39 deadline for copy, translation, and fee filed with EO
... Rule 77
Extensions of, for payment of fees
... Rule 16bis
For amendments before EO
... Rule 78
For amendment of claims before the IB
For amendment of claims, description, and drawings before DO
... Rule 52.1
For applicant to request IB to send files to any DO pursuant to Article 25(1)(c) so DO can review adverse holding by RO or IB
... Rule 51.1
For check by RO of certain defects in the IA
... Rule 26.1
For communication by the IB of IPER translation and annexes to each EO)
... Rule 73.2
For considering IA withdrawn re Article 12(3)
... Rule 22.3
For considering IA withdrawn re Article 14(4)
... Rule 30
For correcting priority claim
... Rule 4.10
For correction by applicant of certain defects found by and invited by RO to correct
... Rule 26.2
For establishing the ISR
... Rule 42
For establishing the IPER
... Rule 69.2
For paying national fee and furnishing translation before DO pursuant to Article 25(2)(a) so DO can review adverse holding by RO or IB
... Rule 51.3
For presenting request by applicant for IB to send copies of IA to DO after receiving determination that IA is withdrawn
... Rule 51
For start of, and establishment of, IPE
... Rule 69
For submitting priority document
... Rule 17
For translation of priority document before EO
... Rule 76.4
For transmittal by applicant of translation of any replacement sheet referred to in Rule 70.16 that is attached to the IPER
... Rule 74.1
In general
... Art. 47
Meaning of term "Time Limit" in Article 48(2)
... Rule 82bis
Modification of time limit fixed in PCT
... Rule 81
Of application processing based on PD
... Rule 4.10
... 37 CFR 1.465
To furnish drawings which are not necessary for the understanding of the invention
To furnish IA copy, translation, and fee to DO beyond time limit allowed by Article 22
... Rule 50
To pay fees before ISA in response to a holding of lack of unity of invention
... Rule 40.3
To request review by DO of failure to accord international filing date
... Art. 25
Utility models
... Rule 6.5
Title of invention in IA
Content
... Rule 4.3
Missing or defective
... Rule 37
Translation
Availability of translations
... Rule 95
By applicant, IS based on
... Art. 15
Defective/incorrect of IA
... Art. 46
Draft, of IA, prepared by ISA for publication, comments on by applicant
... A.I. 506
For purpose of international search
... Rule 12.3
Of certain words not in Latin alphabet, in request
... Rule 4.16
Of IA, availability to IB
... Rule 95
Of IA, transmittal by IB to DOs
... Art. 22
Of IA, transmittal by IB to EOs
... Art. 39
Of IA, requirement for verified or certified
... Rule 51bis.1(d)
Of IPER
Of IPER annexes, and transmittal of to EOs by applicant
... Rule 74
Of Ipub, affecting protection of rights in any designated state
... Art. 29
Of ISR
Of priority document before EO
... Rule 76
Of priority document before IPEA
... Rule 66.7
Transmitted to ISA
... Rule 23
Transmittal
Fee
... Rule 14
In electronic form
... Rule 89bis, Rule 89ter,
... A.I. 102bis, A.I. 335,A.I. 701- A.I. 703, A.I. Annex F
Sequence Listings and/or tables relating thereto
Of RC to IB by RO
... Rule 22, 37 CFR 1.461
Of SC to ISA by RO
... Rule 23
Delayed
... A.I. 306
Treaty - See also Patent Cooperation Treaty
U
Unity of invention
Compliance with Rule 13
... A.I. 206
During U.S. national stage
... 37 CFR 1.499
Examples and guidelines
... A.I. Annex B
In general
... Rule 13, 37 CFR 1.475
Lack of unity before IPEA
... Art. 34(3), Rule 68, 37 CFR 1.488,
... 37 CFR 1.489
Lack of unity before ISA
... Art. 17(3), Rule 40, 37 CFR 1.476,
... 37 CFR 1.477
Transmittal of protest to pay fees for additional claimed inventions
Transmittal by IB
... A.I. 403
Transmittal by IPEA
... A.I. 603
Transmittal by ISA
... A.I. 502
W
WO - See also International publication number
Withdrawals (by applicant), in general
... Rule 90bis, A.I. 326
Of demand or election
... Art. 37, Rule 90bis.4
Withdrawn
Application, U.S. statute regarding
... 35 U.S.C. 366
Determination by RO re IA
... Rule 29
Decision by RO not to hold withdrawn after notifying applicant of intent to so hold
... A.I. 312
Notification to IPEA by IB
... A.I. 414
Review of by DO
Determination by IB under Article 12(3)
Review by DO
Written opinion by IPEA
Amendment of claims, description, and drawing under Article 34 in response to
Written opinion by ISA
... Art. 34, Rule 43bis
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