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PCT NEWSLETTER 2021 Collection www.wipo.int/pct/en January 2021 | No. 01/2021 Patent Cooperation Treaty: Declaration by the United Kingdom On 23 December 2020, the Government of the United Kingdom of Great Britain and Northern Ireland deposited a declaration that the United Kingdom’s ratification of the Patent Cooperation Treaty will be extended to the territory of the Bailiwick of Guernsey, for the international relations of which the United Kingdom is responsible. The declaration will enter into force with respect to that territory on 23 March 2021. For further information, please refer to PCT Notification No. 218, which is published at: https://www.wipo.int/treaties/en/notifications/pct/treaty_pct_218.html It is recalled that the United Kingdom’s ratification of the Paris Convention for the Protection of Industrial Property was extended to the territory of the Bailiwick of Guernsey with effect from 13 November 2020 (please refer to PCT Newsletter No. 09/2020). (Updating of PCT Applicant’s Guide, Annex A and Annex C (GB)) Budapest Treaty: Declaration by the United Kingdom On 1 January 2021, the Government of the United Kingdom of Great Britain and Northern Ireland deposited a declaration that the United Kingdom’s ratification of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure will be extended to the territories of the Bailiwick of Guernsey, the Isle of Man and Gibraltar, for the international relations of which the United Kingdom is responsible. The declaration entered into force with respect to those territories on 1 January 2021. For further information, please refer to Budapest Notification No. 341, which is published at: https://www.wipo.int/treaties/en/notifications/budapest/treaty_budapest_341.html Power of Attorney Waiver Notification under PCT Rules 90.4(d) and 90.5(c) (Italian Patent and Trademark Office) The Italian Patent and Trademark Office, in its capacity as receiving Office, has notified the International Bureau that it will waive the requirements under PCT Rules 90.4(b) and 90.5(a)(ii) to submit a separate power of attorney and/or a copy of a general power of attorney, with respect to international applications filed on or after 1 March 2021. 1 PCT NEWSLETTER | January 2021 | No. 01/2021 Particular instances in which the Office will continue to require that a separate power of attorney or a copy of a general power of attorney be submitted are, however, as follows: – if the agent is not: • a patent attorney or an attorney-at-law authorized to practice in Italy (recorded in the pertinent official register or professional roll) or any law firm employing such a lawyer or attorney-at-law; • a patent attorney or an attorney-at-law qualified to practice in another member State of the European Union, authorized to pursue certain professional activities in Italy on a temporary basis (refer to legislative Decree No. 206/2007); – in case of reasonable doubt regarding the agent’s entitlement to act; – in case of a common representative (a separate power of attorney is required in this case). It is recalled that a power of attorney is always required where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rules 90.4(e) and 90.5(d)). For background information on power of attorney waivers, see PCT Newsletter No. 01/2004, page 2 at: https://www.wipo.int/edocs/pctndocs/en/2004/pct_news_2004_1.pdf (Updating of PCT Applicant’s Guide, Annex C (IT) and of the table “Offices (or Authorities) which have notified WIPO of waiver(s) of the power of attorney requirement under PCT Rule 90.4(b) and/or 90.5(a)(ii)”) WIPO Digital Access Service for Priority Documents (DAS) National Institute of Industrial Property (France) Reference is made to the information published in PCT Newsletter No. 10/2020 relating to the commencement of operation of the National Institute of Industrial Property (INPI) (France) as a DAS depositing Office with effect from 1 December 2020. INPI has since notified the IB that it will deposit certified copies of patent and utility model applications as priority documents, including PCT applications filed with it on or after 1 October 2019, which the applicant specifically requests to be made available to the service (and not only those filed with it on or after 1 December 2020). The DAS Notification has been amended accordingly, at: https://www.wipo.int/das/en/participating_offices/details.jsp?id=11651 2 PCT NEWSLETTER | January 2021 | No. 01/2021 PCT Information Update BY Belarus (fees) The amounts of the following fees, payable1 to the National Center of Intellectual Property (Belarus) as receiving Office, have changed with effect from 1 January 2021: Transmittal fee: ........................................................................ BYN 71.05 Fee for requesting restoration of the right of priority: ............... BYN 60.90 There has also been a change in the amounts of the following national fees, payable to the Office as designated (or elected) Office, with effect from the same date: For patent: Filing fee: ........................................................................ BYN 71.05 - Claim fee for each independent claim in excess of one: BYN 30.45 Examination fee: ............................................................. BYN 345.10 - Claim examination fee for each independent claim in excess of one: ........................................................... BYN 203.00 Annual fee for the third year ............................................ BYN 71.05 For utility model: Filing fee: ....................................................................... BYN 142.10 Claim fee for each independent claim in excess of one: . BYN 71.05 (Updating of PCT Applicant’s Guide, Annex C (BY) and National Chapter, Summary (BY)) ES Spain (fees) The amounts of the following fees, payable to the Spanish Patent and Trademark Office as receiving Office, have changed with effect from 1 January 2021: Transmittal fee: ........................................................................ EUR 75.00 Fee for priority document ......................................................... EUR 29.98 (Updating of PCT Applicant’s Guide, Annex C (ES)) 1 For residents of Belarus the payment of fees shall be effected in Belarusian rouble in accordance with the rate of the base value. For non-residents of Belarus the payment of fees shall be effected in US dollar, euro, Swiss franc or Russian rouble, unless otherwise provided for by international agreements with the Republic of Belarus, in accordance with the rate of the base value and the exchange rate established by the National Bank of the Republic of Belarus applicable on the date of payment. 3 PCT NEWSLETTER | January 2021 | No. 01/2021 GM Gambia (fees) The Registrar General’s Department, Ministry of Justice (Gambia) has notified the amount of the national fee, payable to it as designated (or elected) Office, as follows: Filing fee (includes examination, grant and publication): ......... GMD 5,000 or USD 4002 (Updating of PCT Applicant’s Guide, National Chapter, Summary (GM)) ID Indonesia (special requirements for entry into the national phase) The Directorate General of Intellectual Property (Indonesia) as designated (or elected) Office has changed one of its requirements under PCT Rule 51bis for entry into the national phase – the translation of the international application should be furnished in three copies, unless the application is filed electronically, in which case only one copy of the translation has to be furnished in electronic form. (Updating of PCT Applicant’s Guide, National Chapter, Summary (ID)) KP Democratic People’s Republic of Korea (provisional protection after international publication) There has been a change in the provisions concerning provisional protection in the Democratic People’s Republic of Korea after international publication. This is available from such time as a translation has been made available to the public, by laying open for public inspection as provided under Article 57 of the Law on Inventions. (Updating of PCT Applicant’s Guide, Annex B1 (KP)) MG Madagascar (fees) The Industrial Property Office of Madagascar has notified the International Bureau (IB) that the amount of the national filing fee, payable in Malagasy ariary (MGA) to the Office in its capacity as designated (or elected) Office, includes the fee for granting and publication of a patent. (Updating of PCT Applicant’s Guide, National Chapter, Summary (MG)) VN Viet Nam (fees) The Intellectual Property Office of Viet Nam (IP Viet Nam) has notified the IB of a temporary reduction in the amount of the national filing fee, payable to the Office as designated (or elected) Office: the fee is reduced by 50% from 1 January 2021 until 30 June 2021. For further information, please refer to the Office’s Circular No. 112/2020/TT-BTC dated 29 December 2020 at: https://english.luatvietnam.vn/circular-no-112-2020-tt-btc-dated-december-29-2020-of-the- ministry-of-finance-providing-a-number-of-charge-and-fee-rates-to-support-and-remove- diffi-196286-Doc1.html (Updating of PCT Applicant’s Guide, National Chapter, Summary (VN)) 2 For applicants who are not residents of the Gambia 4 PCT NEWSLETTER | January 2021 | No. 01/2021 Search fee and other fees related to the international search (European Patent Office, Federal Service for Intellectual Property (Rospatent) (Russian Federation), Israel Patent Office, National Institute of Industrial Property (Brazil), Nordic Patent Institute (corrigendum),
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