It is referred to as the "Euro-PCT Guide" to distinguish it fromthe PCT Applicant's Guide published by WIPO ("WIPO PCT Guide"). 5.142. 5.045. The hatching of juxtaposed different elements should be angled in a different way. IV: Basis for Supplementary International SearchBox No. This streamlined process provides patent protection while adhering to each nation's individual requirements. VII of the request form, the applicant may authorize the receiving Office to transmit the earlier search and classification results to the International Searching Authority indicated in Box No. 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 (. VI: Priority Claim and Restoration of the Right of Priority, Box No. Consequently, if it is not possible to place reference signs outside the hatched area, the hatching may be broken off wherever reference signs are inserted. All mathematical symbols used in a formula which appear in a description or on sheets of drawings should be explained in the description, unless their significance is clear from the context. Reconsideration does not necessarily imply that an objection of lack of unity will be raised. Where a single figure is sufficient to illustrate the claimed invention, it should not be numbered and the abbreviation Fig. For details on the completion of Box No. A European patent can be obtained by initiating European regional processing of an international (PCT) patent application at the European Patent Office. Wherever applicable, the chemical formula should be given which, among all the formulae contained in the international application, best characterizes the invention. (iii) The “international filing fee” is fixed in the, 5.189. The sheets must be free from creases and cracks; they must not be folded. Applications containing a reference to biological material . PCT applications are automatically subject to both search and examination. Only one side of each sheet may be used. Where for any reason a figure is deleted, all reference signs relating solely to that figure appearing in the description and claims should also be deleted. IV of the. Hatching should not impede the clear reading of the reference signs and reference lines. The various parts of a cross-section of the same item should be hatched in the same manner. 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. However, the relationship between the different parts must be clear and unambiguous. III: Agent or Common RepresentativeBox No. - where the applicant marks the check-box provided in Continuation of Box No. In use, the international application as filed under the PCT is treated as corresponding patent application in India. CHAPTER 3: THE INTERNATIONAL PHASE AND THE NATIONAL PHASE OF THE PCT PROCEDURE. The international application must comply with certain physical requirements, such as requirements concerning fitness for reproduction, the paper to be used, the manner of writing (generally typewritten or printed), etc. VIII(iv) of the. 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. For processes, the type of reaction, reagents and process conditions should be stated, generally illustrated by a single example. The actual number of sheets constituting each element of the international application as well as their total should be indicated (for the numbering of sheets, see, 5.086. Where any name or address is written in characters other than those of the Latin alphabet (for example, Chinese, Cyrillic or Japanese), it must be transliterated or translated into English. 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. 5.136. should not appear. An international application which complies with the unity of invention requirements laid down in. 5.194. The application is known as PCT International Phase Application. This is separate to ‘national filings’, which involves filing separate patent applications in individual countries. Certain types of hatching may be given a specific meaning. It is provided only for applicants from certain countries. Applicants may have a choice between several receiving Offices, for example, where there are two or more applicants whose States of nationality and residence include more than one Contracting State, or where a sole applicant has nationality and/or residence in more than one Contracting State. Where they appear on sheets of drawings, these symbols must be at least 0.32 cm high. There are certain requirements as to the technical terminology and signs to be used (metric system, etc.). Where neither the language in which the international application was filed nor the language in which the international application is published is accepted by the International Preliminary Examining Authority that is to carry out the international preliminary examination, the applicant must furnish with the demand a translation of the international application into a language which is both a language accepted by that Authority and a language of publication. This written opinion … I: Identification of the International Application, Box No. – 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. The details are spelled out in, 5.178. You only need to elect the countries - and thus start national phase - within 30 months (2.5 years) after the priority date. Chapter 1 – General overview. (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. 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. I: Title of InventionBoxes Nos. V: Check ListBox No. Regional Patents via the PCT; CHAPTER 5: FILING AN INTERNATIONAL APPLICATION . II is and qualifies as applicant for all designated States. Reference signs are to be used in a manner which is consistent as between the description, claims and drawings. The name and address of the inventor may be omitted from the request where the national law of none of the designated States requires that the name of the inventor be furnished at the time of filing a national application. Your PCT application is processed through 2 basic stages, the International Phase and the National (e.g. 5.135. 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. (i) combinations of different categories of claims (for example - product, process, use, and apparatus or means). 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. We suppose that you file the application online, direct to International Bureau (IB) of WIPO, in English. In what circumstances is it possible to obtain a refund of the international search fee? If, for example, the invention relates to the fixing of an elastic diaphragm in a diaphragm pump, a figure - generally the first - may represent the entire pump, as improved by the invention, the details of which will then be given in the other figures. An apparatus or means is considered to be specifically designed for carrying out a claimed process if the contribution over the prior art of the apparatus or means corresponds to the contribution the process makes over the prior art. 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. It’s called the International Phase because you still have the option of entering into any of the PCT countries. 5.108. For refunds or reductions of fees in the national phase, see. Consequently, it would not be sufficient that the apparatus or means is merely capable of being used in carrying out the claimed process. 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. V: Election of StatesBox No. (iii) in addition to an independent claim for a given product, an independent claim for a process specially adapted for the manufacture of the said product and an independent claim for an apparatus or means specifically designed for carrying out the said process. IV: Agent or Common RepresentativeBox No. Introduction; CHAPTER 2: WHAT IS THE PCT? 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. The PCT forms include primary form of PCT/RO/101, which designates various countries eligible for national phase entry. If you’ve made an international patent application under the Patent Cooperation Treaty (PCT) you can make a request for it to be processed in the UK national phase to … 2.21. 5.195. Thus, there is said to be an “international phase” and a “national phase” to the PCT process. This check-box must be marked where the person identified in Box No. As an exception to the automatic and all-inclusive designation of Contracting States, Germany, Japan and the Republic of Korea may be excluded from being designated. The applicant must further indicate in Box No. One of the most important features of PCT is the first part of the PCT procedure, called "international phase". IX: Check ListBox No. 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. VII of the. The sheets must not contain frames around the usable surface. You may calculate the official fees at a PCT application (international phase I). This check-box must be marked only in special cases where the applicant is not an applicant for all designated States. VII (item 1) of the, If the applicant wants the results of more than one search to be taken into account, the above-mentioned indications must be specified for each and every earlier search. The national phase starts, upon completion of the international phase, if the applicant decides to continue processing the application before the regional or national patent offices with the aim of obtaining regional or national protection. 5.163. II and III: Applicants; InventorsBox No. III as "applicant and inventor" or "applicant only" must be made in the Supplemental Box of the, 5.044. If the applicant has authorized either the sending of advance copies of notifications by e-mail or the sending of notifications exclusively by e-mail, by marking the corresponding check-box in Box No. The views may be plan, elevation, section, or perspective views; detail views of portions or elements, on a larger scale if necessary, may be used. For the request to restore the right of priority to be successful, the following requirements must be met: - the international application must contain a priority claim to an earlier application. 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). 5.117. As far as possible, all figures of the drawings should be set out upright on the sheets. 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. IX the number of that figure of the drawings (if any) which is suggested to accompany the abstract for publication (see, 5.095. The national phase can be entered within 30 or 31 months (depending on the national statute), from the earliest filing date. In addition, this international application must have been filed within two months from the date of the expiration of the priority period. If representation by an agent before the receiving Office is required (see, 5.049. 5.122. 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. Fees payable to the EPO for international applications in the international phase (applicable as of 1 January 2021) [ 1 ] Fees payable to the EPO for international applications upon entry into the "regional phase" (Euro-PCT applications) [ 6 ] (applicable as of 1 January 2021) The international phase consists of up to five stages: – The filing of the international application with, and its processing by, the receiving Office. 5.004. This single, uniform patent application is what is referred to as the international application. IV: Agent or Common Representative, Box No. C. Timeline for international applications. The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions. 2.20. III: Agent or Common Representative, Box No. CH-1211 Geneva 20, Switzerland, CHAPTER 3: THE INTERNATIONAL PHASE AND THE NATIONAL PHASE OF THE PCT PROCEDURE, CHAPTER 4: USEFULNESS OF THE PCT FOR APPLICANTS, CHAPTER 5: FILING AN INTERNATIONAL APPLICATION, Box No. Only one figure should generally be indicated. The main advantages of the PCT procedure, also referred to as the international procedure, are that (a) it allows the filing of a single patent application, replacing the need for filing a multiplicity of separate applications, with a procedure taking place in a predictable way; (b) the international search and, optionally, the international preliminary examination "give applicants a better basis for deciding whether and in which countries to further pursue their applications", thus allowing "for better management of pat… 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. Any such waiver and any conditions relating thereto are published in the. 5.119. 5.070D. VIII. Perspectives, exploded views, sections and cross-sections, and details on a different scale are all considered to be drawings. Therefore, the date of the earlier application will still serve as a basis to calculate time limits during the international phase. I: Identification of the International ApplicationBox No. 5.148. For details, see, 5.180. The first phase is the international phase in which patent protection is pending under a single patent application filed with the patent office of a contracting state of the PCT. Provided the applicant has either furnished a certified copy or requested that the priority document be transmitted or obtained and paid the necessary fee as described above, no designated Office may ask the applicant to furnish a certified copy of the earlier application. 5.166. Further agents may be appointed at any time to represent the applicant either generally or specifically before the International Searching Authority or the International Preliminary Examining Authority, and an agent appointed for general purposes, unless otherwise indicated in the document appointing him, may appoint sub-agents to represent the applicant. 5.123. No review is permitted on purely formal grounds, such as, for example, the ground that the relevant fee in the international phase might not have been paid. Where, within the time by which they are due, the applicant has not paid any or all of the fees, any payment relating to the missing amount must be considered to have been received within the time by which those fees are due, if the payment is received by the receiving Office before that Office sends the invitation, referred to in the preceding paragraph, to pay the missing amount. Each sheet must be reasonably free from erasures and must be free from alterations, overwriting and interlineations. For the case where an international application is not filed in a language accepted by the receiving Office with which it is filed, see, 5.017. 5.146. (iii) the case of intermediate and final products. They are specified in, 5.177. 5.153. PCT phases include: International Phase: File the international application. 5.137. 5.196. In general, if the applicant has made a request for the results of an earlier search to be taken into account, he should - together with the international application and at the time of filing - provide the receiving Office with a copy of the results of the earlier search. A Euro-PCT application is examined for patentability in the same way as any other European Patent application and confers the same rights. 5.198. General; The Request; Box No. In cases where, instead of the international search report, a declaration under. 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. If that different manner of claiming is used, amendments may need to be made to the claims during the national phase in those States which do not permit it. Cross-sections must always follow the cutting surface, whatever it may be. (i) the designation of all Contracting States that are bound by the Treaty on the international filing date; (ii) an indication that the international application is, in respect of each designated State to which, (iii) an indication that the international application is, in respect of each designated State to which, This is also valid where the applicant does not use the request, 5.053. The International Phase in turn incldues five stages of which the first three are automatic and compulsory, whereas the remaining two are optional. 5.154. 1.1. Remember the international phase is only a preliminary process of search and publication with the option of a non - binding preliminary examination. For information as to the obtaining of copies of the priority document after international publication, see. 5.138. In principle, under the PCT, any dependent claim which refers to more than one other claim (multiple dependent claim) must refer to such claims in the alternative only, and multiple dependent claims cannot serve as a basis for any other multiple dependent claim. In addition, a review of a positive decision may be made by a designated Office in the limited situation where it reasonably doubts that one of the substantive requirements for restoration was complied with. Unity of invention may also be considered to be present between intermediate and final products of which the structures are not known - for example, as between an intermediate having a known structure and a final product the structure of which is not known, or as between an intermediate of unknown structure and a final product of unknown structure. A figure containing significant amounts of text matter should be avoided as text can be difficult to read when reduced to the size of the front page drawing to accompany the abstract. A minimum size of 0.32 cm is required for all numbers and letters used on the drawings so that their reduction in size to two-thirds remains easily legible. The PCT system comprises a single, international phase, followed by one or more national phases. In the case of large areas, hatching can be confined to an edging drawn around the inside of the outline of the area to be hatched. If the transmittal fee, the international filing fee and the search fee are not paid in the prescribed currency and within the prescribed time limits, including the time limit set in the invitation from the receiving Office to pay the missing amount together with the late payment fee (see. An international, or PCT (Patent Co-operation Treaty), patent application is a very cost-effective and flexible method for securing patent protection in up to 148 territories worldwide.
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