PCT Newsletter No. 03/2006
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PCT NEWSLETTER PATENT March 2006 No. 03/2006 COOPERATION TREATY PCT Time Limit Calculator tal date of the ISR if not already entered). WIPO is pleased to announce the availability of the PCT Time Limit (5) Withdrawal of the international Calculator, a web-based resource application. available via PatentScope. The (6) Recording of changes under WORLD Calculator assists applicants in the PCT Rule 92bis. INTELLECTUAL computing of essential PCT time PROPERTY limits and provides full explanations (7) Other – this section enables ORGANIZATION of all the time limits, as well as you to enter a start date and a time references to relevant PCT Articles period (in months) so that you can WIPO PUBLICATION NO.115(E) or Rules. By clicking on “sum- ISSN 1020-072X work out any other time limits. mary”, all the calculated time limits are shown together on one page – The Calculator also contains links a useful page to print out. The use to the following important PCT of the Calculator does not require resources which may be helpful any registration and is available when calculating time limits: free of charge at: www.wipo.int/pct/en/calculator/ pct-calculator.html Inside this issue PCT Time Limit Calculator To use the Calculator, the user [continued] . 2 should enter the earliest priority Changes relating to the date, or the international filing date publication of international where there is no priority claimed. applications and the PCT The list below gives the different Gazette as of 1 April sections of the Calculator under 2006 . 3-4 which different time limits can be Changes relating to the calculated, along with any extra publication of the PCT dates which need to be entered by Applicant’s Guide . 4-5 the user (in parentheses). Modifications to the Admin- (1) Main time limits: istrative Instructions . 5 Modifications to the • submission of the priority docu- Receiving Office ment to the International Bureau or Guidelines . 5 the receiving Office Modifications to Certain PCT forms . 5 • earliest potential date for inter- Incompatibility of certain national publication modified PCT Rules with national laws . 5-6 • time limit for entry into the Power of attorney waiver . 6 national/regional phase. PCT information update . 6-8 (2) Correction or addition of a New/updated PCT priority claim (priority date as resources on the changed; international filing date). Internet . 8-9 Changes to the publication (3) Amendments under PCT schedule . 9 Article 19 (transmittal date of Practical advice . 9-10 international search report (ISR)). PCT seminar calendar . 10-11 PCT fee tables . 12-15 The Smart Patenting Solution (4) Demand for international PCT Contracting States www.wipo.int/pct/en preliminary examination (transmit- and two-letter codes . 16 PCT Newsletter – No. 03/2006 – March 2006 Selection of • PCT timelines – a useful document explain- PCT Resources on the Internet ing the different PCT time limits; (www.wipo.int/pct/en/applicants.html) • table of time limits for entering the national/ About the PCT: regional phase; • PCT Information Service • Protecting your inventions abroad: FAQs about • table of PCT reservations and incompatibili- the PCT ties; • Yearly Review of the PCT • Gallery of PCT notable inventions and inventors • Collection of PCT user strategies • list of closing dates of patent Offices. • PCT statistics Because the Calculator is in electronic form, it Legal Information: can cover a very large spectrum of dates and it • Treaty, Regulations, Administrative Instructions will be possible to amend it should there be and Guidelines for Authorities and Offices • PCT legal text index any amendments to the PCT Regulations • The History of the PCT Regulations which would affect the time limit calculations or • Records of the Washington Diplomatic Confer- the accompanying explanatory texts. The ence on the PCT attention of users of the PCT Time Limit • Useful tables: reservations and incompatibilities; types of protection; time limits for entering na- Calculator is drawn to the disclaimer (there is a tional/regional phase; powers of attorney waivers; link to this at the bottom of the web page). access to the IPER; regional patents; States party to PCT/Paris/WTO Comments on the new PCT Time Limit Calcu- • PCT Contracting States lator are welcome and should be sent to the • ISA and IPEA agreements PCT Legal Division, preferably by e-mail to: Filing: • Electronic filing (PCT-SAFE) [email protected] • Direct filing at WIPO • Fees and warning or by fax to: • PCT Applicant’s Guide • Forms (+41–22) 910 00 30 • PCT Newsletter • PCT Time Limit Calculator PCT General Mailing List Patent Data: To subscribe to this e-mail updating service, which • PCT Gazette (electronic Gazette and weekly informs PCT users on a regular basis of important PCT issues) news and new PCT resources, go to the bottom of the • PCT online file inspection • Electronic data products page at: PCT meetings, training and documents: www.wipo.int/pct/en/applicants.html • Seminars and presentations • Meetings and documents PCT Information Service • PCT Reform Telephone: +41 22 338 83 38 Fax: +41 22 338 83 39 E-mail: [email protected] The PCT Newsletter is published by The World Intellectual Property Organization 1211 Geneva 20, Switzerland Reminder Telephone: +41 22 338 91 11 The national Offices of the following States do not yet E-mail: [email protected] apply the 30-month time limit for entering the national Internet: www.wipo.int phase under Chapter I as fixed in PCT Article 22(1) (as To order the PCT Newsletter please contact the modified with effect from 1 April 2002). Note, however, electronic bookshop at www.wipo.int/ebookshop and that in respect of the regional designation of all those quote the WIPO publication No.115(E) States, the time limit under PCT Article 22(3) of 31 months applies. 2006 Subscriptions CH Switzerland Regular mail: CHF 70; Priority mail: CHF 81 LU Luxembourg 25% discount for two or more subscriptions SE Sweden Binders: CHF 18 TZ United Republic of Tanzania The PCT Newsletter is also available on the Internet at: UG Uganda www.wipo.int/pct/en/newslett/ A list of time limits applicable for each designated/ To find out when each issue becomes available, elected Office for entering the national phase under subscribe to the e-mail updating service at the above Chapters I and II of the PCT is available at: Internet address. www.wipo.int/pct/en/texts/pdf/time_limits.pdf 2 PCT Newsletter – No. 03/2006 – March 2006 Changes Relating to the Publication of integrated into the revised PCT Gazette (see International Applications and the PCT below). Gazette as of 1 April 2006 In the event that the above indicated web site Electronic publication of international is not available for technical reasons on the applications publication date, the International Bureau will publish international applications electronically In accordance with Section 406(b) of the by making the published documents available Administrative Instructions, as of the first via FTP access at the same URL indicated international publication after 1 April 2006, above. international publication of international appli- cations and any republications of previously Publication of declarations filed under PCT published international applications will take Rule 4.17 place wholly in electronic form. As of that Following the amendment of PCT date, the legal publication of international Rule 48.2(a)(x), which will enter into force on applications will be the electronic publication 1 April 2006, declarations filed under PCT only. The electronic publication will be avail- Rule 4.17 will be published with the published able in several different electronic formats on international application. It is planned that the the day of publication on the PatentScope front page of the international publication of Portal at the following URL: the international application will continue to www.wipo.int/pctdb refer to declarations which have been filed within the time limit under Rule 26ter.1. As a The International Bureau will continue its consequence of the modifications of Sec- practice of publishing once a week, usually on tions 211–215 and Annex D of the Administra- Thursdays. As before, a time limit of 15 calen- tive Instructions, the front page of the interna- dar days will be required for completion of tional publication will no longer contain an technical preparations for international publica- indication of the designations in respect of tion. which each declaration was made. Searches of published international applica- Copy of the publication of the international tions may be made on the above-mentioned application for the applicant web site using Boolean criteria on a range of bibliographic data elements or by searching With effect from 1 July 2006, the International the full text of the description and/or claims. Bureau will no longer transmit a paper copy The site’s browse function reproduces the of the published international application to information from the current Sections I to III of the applicant. It is planned, instead, that the PCT Gazette in paper form. Once a par- amended Form PCT/IB/311 will be sent to the ticular international application has been applicant on the date of publication, notifying selected via the search or browse functionality, the applicant that international publication has the published international application is taken place, of the international publication available for viewing, printing and downloading number, and a reference to the PatentScope under the “Documents” tab. The formats Portal where the published international appli- available include PDF, HTML and XML, as well cation can be searched, viewed and down- as a ZIP file containing bibliographical data in loaded. On request, the International Bureau XML format and complete page images in will send a paper copy of the published inter- TIFF format.