The demand must be in the language of the PCT international application or, if the PCT international application has been filed in a language other than the language in which it is published, in the language of publication. However, where a translation of the PCT international application is required because the PCT international Preliminary Examining Authority accepts neither the language in which the PCT international application is filed nor the language in which the PCT international application is published, the demand must be in the language of that translation.
The demand must be signed. What are the requirements with respect to the identification of the PCT international application? The PCT international application must be identified by its PCT international application number, filing date and title.
If the PCT international application number is not known to the applicant at the time of filing of the demand, the name of the receiving Office with which the PCT international application was filed must be indicated. The title of the invention must be the same as that which appears in the pamphlet.
Can the applicant amend the claims, the description and the drawings before and during the PCT international preliminary examination? The applicant has the right to amend the claims, the description and the drawings before the start of the PCT international preliminary examination and also during the examination, if time permits, until the preparation of the PCT international preliminary report on patentability Chapter II OF THE PCT.
As far as the claims are concerned, this is in fact the second opportunity to amend them before the PCT international preliminary examination starts; the first opportunity is offered by the possibility of submitting amendments under Article 19 to the PCT international Bureau.
What is the purpose of indicating the basis for PCT international preliminary examination? Do the statement concerning amendments and the indication of the language for the purposes of the PCT international preliminary examination have to be filled in?
However, failure to complete the statement or to complete it correctly is not fatal to the application. In particular, if no amendments have been filed under Article 19 or Article 34 and if the applicant does not wish to file such amendments at the time when he files the demand, the result will simply be that the PCT international preliminary examination will start on the basis of the PCT international application as originally filed.
The applicant will not be precluded from making amendments at a later stage of the PCT international preliminary examination, provided that they reach the PCT international Preliminary Examining Authority in sufficient time to be taken into account. On the other hand, if there have been amendments but they are not indicated, or if the applicant wishes later to file amendments but does not so indicate, the start of the PCT international preliminary examination may be delayed or the applicant may find that there is insufficient time at a later stage to have his intended amendments taken into account.
Completing the indication also helps the PCT international Preliminary Examining Authority decide whether any amendments filed with the demand are in the appropriate language.
What happens to the demand for PCT international preliminary examination once it has been received? The PCT international Preliminary Examining Authority promptly notifies the applicant of the date of receipt of the demand, and then examines the demand to ascertain whether it meets all the requirements. The PCT international Bureau then notifies Offices of their election and informs the applicant that it has done so.
The PCT international Preliminary Examining Authority starts the PCT international preliminary examination when it is in possession of the demand, the amount due for the handling fee and the preliminary examination fee, and of either the PCT international search report and the written opinion or a declaration by the PCT international Searching Authority that no PCT international search report will be established.
Even if the PCT international Preliminary Examining Authority is in possession of all of the above, however, it may not start the PCT international preliminary examination before the expiration of the applicable time limit unless the applicant expressly requests an earlier start.
If the competent PCT international Preliminary Examining Authority is part of the same national or regional Office as the competent PCT international Searching Authority, the PCT international preliminary examination may, if the Office wishes and except where the applicant has requested that the PCT international preliminary examination be postponed.
While there is not a fully uniform approach to these criteria in national laws, their application under the PCT during the PCT international preliminary examination procedure is such that the PCT international preliminary report on patentability Chapter II of the PCT gives a good idea of the likely results in the national phase.
For the purposes of the PCT international preliminary examination, a claimed invention is considered novel if it is not anticipated by the prior art. For the purposes of the PCT international preliminary examination, a claimed invention is considered to involve an inventive step if it is not, at the prescribed relevant date, obvious to a person skilled in the art.
For the purposes of the PCT international preliminary examination, a claimed invention is considered industrially applicable if, according to its nature, it can be made or used in the technological sense in any kind of industry. What documents form the basis of the PCT international preliminary examination? The PCT international preliminary examination is based on the claims, the description and the drawings comprised in the PCT international application.
Amendments to the claims under Article 19 made before the demand was filed are taken into account unless they are superseded by a subsequent amendment under Article 34 or considered as reversed by an amendment under Article Amendments made after the demand is filed, whether under Article 19 or under Article 34, are also taken into account for the purposes of the PCT international preliminary examination, except that they need not be taken into account for the purposes of a written opinion of the PCT international Preliminary Examining Authority or the PCT international preliminary report on patentability Chapter II of the PCT if they are received after the PCT international Preliminary Examining Authority has begun to draw up that opinion or report.
The detailed requirements for the various indications required in connection with each applicant name and address, telephone number, facsimile machine number, nationality and residence are the same as those required under PCT Rule 4 in connection with the Request.
Note that any inventor who is not also an applicant is not indicated in the Demand. If the recording of a change in the name or person has been requested under PCT Rule 92bis. The filing of a demand shall constitute the election of all Contracting States which are designated and are bound by Chapter II of the Treaty on the international filing date PCT Rule For demands filed before January 1, , only those eligible states pursuant to PCT Article 31 indicated as being elected are elected.
Any agent entitled to practice before the receiving Office where the international application was filed may represent the applicant before the international authorities PCT Article The amendment shall not go beyond the disclosure in the international application as filed.
The replacement sheet or sheets shall be accompanied by a letter which shall draw attention to the differences between the replaced sheets and the replacement sheets, shall indicate the basis for the amendment in the application as filed and shall preferably also explain the reasons for the amendment. To the extent that any amendment results in the cancellation of an entire sheet, that amendment shall be communicated in a letter which shall preferably also explain the reasons for the amendment.
The set of claims submitted under Rule Additional Contracting States may be elected later. Election may relate only to Contracting States already designated under Article 4. Applicants referred to in paragraph 2 b may elect only such Contracting States bound by Chapter II as have declared that they are prepared to be elected by such applicants.
National Application Filed Under 35 U. A demand for international preliminary examination must be filed prior to the expiration of whichever of the following periods expires later: A three months from the date of transmittal to the applicant of the international search report and the written opinion; or B 22 months from the priority date.
Otherwise the demand shall be considered as if it had not been submitted and the International Preliminary Examining Authority shall so declare. See PCT Rule In order to take advantage of a national phase entry time limit of at least 30 months from the priority date in relation to all States designated in the international application, it may be necessary to file a demand before the expiration of 19 months from the priority date.
See subsection VII. PCT Article 22 1 was amended, effective April 1, , to specify that the national stage requirements are due not later than at the expiration of 30 months from the priority date if no demand has been filed.
Prior to April 1, , PCT Article 22 1 specified that these requirements were due not later than at the expiration of 20 months from the priority date. See www.
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