Amendments to the pct regulations as from 1 january 2009
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Amendments to the PCT Regulations as from 1 January 2009 . New publication languages Supplementary international search. Two new publication languages. New publication languages: Korean and Portuguese

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Amendments to the PCT Regulations as from 1 January 2009

New publication languages

Supplementary international search


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Two new publication languages

  • New publication languages: Korean and Portuguese

  • International applications published in Korean or Portuguese will always also contain title, abstract and search report in English

  • Applies to international applications whose international filing date is on or after 1 January 2009


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Supplementary international search(Basics)

  • Gives applicants option of requesting one or more supplementary searches from participating ISAs in addition to the main PCT search (see Rule 45bis)

  • Objectives:

    • benefit users by reducing likelihood of new prior art in national phase

    • allow applicants to obtain an additional search report taking into account the growing linguistic diversity of the prior art being found

  • Supplementary international search (SIS) is available only to the extent and within any limitations specified by participating ISAs


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Supplementary international search(Applicability)

  • Effective date: 1 January 2009

  • Available for:

    any international application, irrespective of the filing date, for which the time limit of 19 months to request the supplementary international search expires on or after 1 January 2009


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Supplementary international search(Participation by Authorities)

  • Authorities that intend to offer SIS from 1 January 2009:

    • Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation)

    • Nordic Patent Institute

    • Swedish Patent and Registration Office

  • Authorities that intend to offer SIS during 2009:

    • Austrian Patent Office

  • Authorities that intend to offer SIS from 1 January 2010:

    • European Patent Office

    • (National Board of Patents and Registration of Finland)


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Supplementary international search (Participation by Authorities) (cont.)

  • Participation still under consideration:

    • Australian Patent Office

    • National Institute of Industrial Property (Brazil)

    • State Intellectual Property Office of the People’s Republic of China

    • Korean Intellectual Property Office

  • No plans to offer SIS in the near future:

    • Canadian Intellectual Property Office

    • Japan Patent Office

    • Spanish Patent and Trademark Office

    • United States Patent and Trademark Office


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Supplementary international search(Requirements)

  • Request must be filed and fees paid to International Bureau

  • Fees payable (within one month from request):

    • supplementary search fee

    • supplementary search handling fee

  • Time limit to file request:

    • before expiration of 19 months from priority date

  • The ISA carrying out the main search cannot be selected as Authority specified for supplementary search (SSA)

  • The supplementary search request may be withdrawn at any time prior to the date of transmittal of the supplementary international search report through a notice addressed to the SSA or the IB


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Supplementary international search(Search procedure)

  • SIS is carried out on the international application as filed: amendments under Articles 19 and/or 34 will not be considered

  • Where ISA found lack of unity of invention, applicant can request SSA to carry out SIS on other than main invention

  • SSA begins SIS at the latest by expiration of 22 months from priority date

  • Supplementary international search report (SSR) to be established within 28 months from the priority date

  • SSR transmitted to applicant and International Bureau


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