Check-boxes can therefore be marked when an applicant wants to avoid undesired loss of the national priority application. 5.168. In particular, reference signs not mentioned in the description must not appear in the drawings, and vice versa. The international application is filed and an International Search Authority undertakes an international search whereupon a search report containing citations of relevant prior art and a written opinion on the patentability of the invention is produced. 5.146. Further details relating to this issue, and particular conditions which may apply, are explained in, In respect of such a priority claim, the applicant may file a request for the restoration of the right of priority with the receiving Office (see the following paragraphs for the procedure relating to the restoration of the right of priority). Designated States in respect of which international preliminary examination has been demanded by the applicant are called elected States in the terminology of the PCT. VII (item 1) of the request form stating that the international application is the same or substantially the same as the earlier application in respect of which the earlier search was carried out, except that it is filed in a different language, the International Searching Authority may not require a copy of the earlier application or a translation thereof; - where a copy of the earlier application or of any document cited in the results of the earlier search or a translation of the earlier application or a translation of the results of the earlier search are available to the International Searching Authority in a manner acceptable to it, and if the applicant has indicated so by marking the check-box provided in Continuation of Box No. The figure or figures that will accompany the abstract at the time the international application is published may not be included in the abstract. IV: Basis for International Preliminary Examination (Statement Concerning Amendments and Indication of the Language for the Purposes of International Preliminary Examination)Box No. In cases where either waiver is applicable, no separate power of attorney or copy of a general power of attorney needs to be furnished by the applicant. The PCT national phase application is a one-time submission to apply for a patent through member states of the Patent Cooperation Treaty (PCT). Chemical or mathematical formulae appearing in the text of the international application must have symbols the capital letters of which are at least 0.28 cm high. They are specified in, 5.177. There are certain requirements as to the technical terminology and signs to be used (metric system, etc.). If the invention is of a basic nature, the entire technical disclosure may be new in the art and the abstract should be directed to the entire disclosure. Different figures on the sheets of drawings must be numbered in Arabic numerals consecutively and independently of the numbering of the sheets and, if possible, in the order in which they appear. India is designated by default and hence patent applicants can complete PCT filing in India using details of the international patent application . The PCT system comprises a single, international phase, followed by one or more national phases. VI: Priority Claim and Restoration of the Right of PriorityBox No. Only one figure should generally be indicated. The need to amend the description during the national phase (see, 5.097. Basically, with the filing of a PCT application, you are buying more time. 5.119. This is the phase between (a) filing your PCT application and (b) the next step of continuing the process in individual jurisdictions around the world. Partial figures drawn on separate sheets must always be capable of being linked edge to edge, that is to say, no partial figure may contain parts of another partial figure. Therefore, the date of the earlier application will still serve as a basis to calculate time limits during the international phase. It is recommended that the applicant indicate his file reference, if any, not exceeding 25 characters in length, in the box provided for this purpose on the first sheet of the, 5.022. Introduction to the International Phase II is and qualifies as applicant for all designated States. 5.037. The hatching should be at a substantial angle to the surrounding axes or principal lines, preferably 45º. Hatching should not impede the clear reading of the reference signs and reference lines. If representation by an agent before the receiving Office is required (see, 5.049. International phase and entry into the European phase ... What is PCT Direct? Most International Searching Authorities will refund part or all of the search fee if the international application is withdrawn or considered withdrawn after transmittal of the search copy but before the start of the international search (see, 5.199. 2.21. Note, however, that where more than one type of protection is available for a Contracting State (see. We suppose that you file the application online, direct to International Bureau (IB) of WIPO, in English. In industrial drawings, the cross-section is that part of the object which is behind the cutting surface from the point of view of the person looking at it. Extensive mechanical and design details of apparatus should not be given. In addition, this international application must have been filed within two months from the date of the expiration of the priority period. It is therefore recommended that due account be taken of national practice (for instance in Japan and the United States of America) when the description is drafted. 5.045. However, the national laws of most Contracting States permit a manner of claiming which is different from that provided for in the preceding sentence, and the use of that different manner of claiming is in principle also permitted under the PCT. VI: Check ListBox No. Thisguide for applicants is aimed at those interested in pursuing the procedureunder the PCT and focuses on elements specific to the PCT procedure before theEPO. The International Bureau notifies the applicant of the date on which the priority document was received or obtained. The abstract may exceptionally be illustrated by more than one figure where necessary information cannot be otherwise conveyed. Cross-sections must always follow the cutting surface, whatever it may be. 5.077. A PCT patent application has two phases: namely International Phase and a National Phase. The reduction is 100 Swiss francs or the equivalent where the request and the text of the description, claims and abstract are not in character coded format, 200 Swiss francs or the equivalent where the request is in character coded format and the text of the description, claims and abstract is not in character coded format and is 300 Swiss francs or the equivalent where the request and the text of the description, claims and abstract are in character coded format. Drawings must be on sheets of A4 paper (29.7 cm x 21 cm) which must be flexible, strong, white, smooth, non-shiny and durable. B. IX: Check ListBox No. 5.196. (i) the intermediate and final products have the same essential structural element, in that: a) the basic chemical structures of the intermediate and the final products are the same, or, (b) the chemical structures of the two products are technically closely interrelated, the intermediate incorporating an essential structural element into the final product, and. Exemplification of a class should be by a typical example. X: Signature of Applicant or AgentNotes to the Request FormFee Calculation Sheet, CHAPTER 6: PROCESSING OF THE INTERNATIONAL APPLICATION BY THE RECEIVING OFFICE, CHAPTER 7: THE INTERNATIONAL SEARCH PROCEDURE: PROCESSING OF THE INTERNATIONAL APPLICATION BY THE INTERNATIONAL SEARCHING AUTHORITY, CHAPTER 8: SUPPLEMENTARY INTERNATIONAL SEARCH, Box No. Box No.VIII(v): declaration as to non-prejudicial disclosures or exceptions to lack of novelty. (iii) The “international filing fee” is fixed in the, 5.189. applicant may indicate this information and the parent, transfers the international filing fee to the International Bureau and the, for further transfer to the beneficiary Office, Madrid – The International Trademark System, Lisbon – The International System of Geographical Indications, Budapest – The International Microorganism Deposit System, Centralized Access to Search and Examination (CASE), SCCR - Standing Committee on Copyright and Related Rights, SCP - Standing Committee on the Law of Patents, SCT - Standing Committee on the Law of Trademarks, IGC - Intergovernmental Committee on IP & GR, TK & Folklore, Paris Convention for the Protection of Industrial Property, www.wipo.int/standards/en/pdf/03-03-01.pdf, Article 4 of the Paris Convention for the Protection of Industrial Property, Article 2.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, www.wipo.int/pct/en/texts/reservations/res_incomp.html#R_26, www.wipo.int/das/en/participating_offices.html, www.wipo.int/pct/en/access/isa_ipea_agreements.html, www.wipo.int/pct/en/texts/reservations/res_incomp.html, Finnish Patent and Registration Office (PRH), Hungarian Intellectual Property Office (HIPO), Intellectual Property Office of Singapore, Swedish Intellectual Property Office (PRV), United States Patent and Trademark Office (USPTO), China National Intellectual Property Administration (CNIPA), United States Patent and Trademark Office, Annex C of the Administrative Instructions, Annex F of the Administrative Instructions, paragraph 40, Annex C of the Administrative Instructions, http://www.epo.org/applying/online-services/online-filing/auxiliary/bissap.html, http://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/utility-patent/checker/patentin, Annex B of the Administrative Instructions, www.wipo.int/pct/en/fees/fee_reduction_july.pdf. 5.167. An applicant who files an international application is entitled to a reduction in the international filing fee provided that the international application is filed in electronic form with a receiving Office which is prepared to accept the filing of international applications in electronic form and in compliance with. 7B). 5.195. Regional Patents via the PCT; CHAPTER 5: FILING AN INTERNATIONAL APPLICATION . – a continuous thin line drawn freehand for delimiting views, part sections or interrupted views; – a thin broken line made up of short dashes for hidden edges and contours; – a dot-dash thin line for axes and planes of symmetry, extreme positions of movable elements, in front of a cross-section; – a thin line terminating in two thick lines for outlines of cross-sections. VII: Signature of Applicant, Agent or Common Representative, Processing of the Demand for International Preliminary Examination, The International Preliminary Examination, The International Preliminary Examination Report on Patentability (Chapter II of the PCT), Representation by Agents and Common Representatives, Changes Concerning the Applicant, Inventor, Agent or Common Representative, Applicant Unavailable or Unwilling to Sign the International Application or Other Documents, Amendments of the Claims, Description and Drawings, Confidentiality of International Applications, References to Deposited Biological Material, Extension of International Applications to Successor States of Former Contracting States. CHAPTER 3: THE INTERNATIONAL PHASE AND THE NATIONAL PHASE OF THE PCT PROCEDURE. An international application which complies with the unity of invention requirements laid down in. In any international application, different applicants may be indicated for the various designated States. Drawings also cover flow sheets and diagrams, such as functional diagrams and graphic representations of a given phenomenon which express the relationship between two or more parameters. The international phase of the application means the period from the filing of the application in accordance with the Treaty until the national phase of the application begins. 5.005. No such translation is required where the International Searching Authority and the International Preliminary Examining Authority are part of the same national Office or intergovernmental organization. In this case the complete figure may be identified by the same number followed by a capital letter (for example, Fig. PCT/RO/105: A copy of the PCT/RO/105 or Notification of the International Application Number and of the International Filing Date may be filed along with the application if the same is available. In addition, where the applicant requests the International Searching Authority to take into account the results of more than one earlier search, the sheet of the. They may indicate a number of points: (i) a freestanding arrow indicates the entire section towards which it points; (ii) an arrow touching a line indicates the surface shown by the line looking along the direction of the arrow; (iii) arrows may also be used in appropriate cases to show the direction of movement. A Euro-PCT application is examined for patentability in the same way as any other European Patent application and confers the same rights. The International Phase consists of a Chapter I Phase and, if an optional Demand has been filed, a Chapter II Phase. In addition, in order to allow each sectional figure to be quickly identified, especially where several cross-sections are made on the same figure, each end of the cross-section line should be marked on the diagram with the same single Arabic or Roman numeral which identifies the figure in which the section is illustrated. This statement of reasons should be submitted as a separate document and accompany the request for restoration in the, - a fee for requesting restoration, if applicable, must be paid (see, - if required by the receiving Office, a declaration or other evidence in support of the statement of reasons should preferably be furnished together with the request to restore but may also be furnished upon invitation by the receiving Office (. This check-box must be marked only in special cases where the applicant is not an applicant for all designated States. II: Applicant(s)Box No. The abstract must not contain statements on the alleged merits or value of the claimed invention or on its speculative application. IV: Basis for Supplementary International Search, Box No. It's backdated to the original date of filing. Cutting surfaces are generally plane surfaces and if they are not, they must be defined precisely. For details, see, 5.180. It’s a few weeks before the 30 month deadline for national stage entry of one of your client’s PCT applications. If the disclosure involves alternatives, the abstract should deal with the preferred alternative and identify the others if this can be done succinctly; if this cannot be done, it should mention that they exist and whether they differ substantially from the preferred alternative. To this end, it is sometimes sufficient to replace the various views of an object by a single perspective view. Must an applicant indicate a choice … Can an applicant request that an earlier search be taken into account? This single, uniform patent application is what is referred to as the international application. 5.026. 5.117. General; The Request; Box No. Entering the National Phase of a PCT Application International patent applications filed under the Patent Cooperation Treaty (PCT) do not of themselves turn into patents. The Institute receives and processes PCT applications in the international phase from applicants in these countries and in Sweden.If you use the Nordic Patent Institute, your application will be processed by case officers at the Norwegian Industrial Property Office. It is sufficient to choose the views which are the most representative and contain the minimum of hidden parts, so that the object is completely and unambiguously defined by means of the smallest possible number of views.
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