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FICPI/AIPLA Colloquium on Reform of the PCT: Nice 2002

FICPI/AIPLA Colloquium on Reform of the PCT: Nice 2002. J. Scott Vasudev Chief, Legislative and International Matters Patent Branch, Canadian Intellectual Property Office. Recent Changes to the PCT. April 1, 2002: Amendment of time limit for national entry from 20 to 30 months.

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FICPI/AIPLA Colloquium on Reform of the PCT: Nice 2002

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  1. FICPI/AIPLA Colloquium on Reform of the PCT: Nice 2002 J. Scott Vasudev Chief, Legislative and International Matters Patent Branch, Canadian Intellectual Property Office

  2. Recent Changes to the PCT • April 1, 2002: • Amendment of time limit for national entry from 20 to 30 months. • January 1, 2003: • Relief in respect of missed time limits for entering the national phase; • Language(s) accepted for translation into language of publication. • January 1, 2004: • Enhanced international search and preliminary examination system; • Automatic designation system. • Others: • Simplified procedures concerning filing of large applications containing sequence listings; • Modifications to facilitate electronic filing and processing.

  3. CIPO’s PCT Functions • CIPO currently functioning as Receiving Office and Designated/Elected Office. • September 2002 received PCT Assembly Approval as International Searching and Preliminary Examining Authority. • Presently preparing for operation in July 2004: • Training of examination and support staff; • Development of IT system; • Search documentation and quality management.

  4. Impact on CIPO as RO/DO/EO • As a Receiving Office: • Negligible impact – not yet accepting the filing of entire international applications in electronic format. • As a Designated/Elected Office: • 20 to 30 month time limit: • Until very recently most agents filed demand to ensure 30 month national entry in all countries; • Too early – applications still moving through the international phase. • Relief for missing national entry time limit: • Canada already provides generous 12 month relief mechanism.

  5. Impact on CIPO as RO/DO/EO (2) • As a Designated/Elected Office: • Translation into language of publication: • Not an issue in Canada. • Enhanced international search and preliminary examination system: • Anticipate greater opportunity to make use of ISR and IPRP during national examination. • Automatic Designation System: • Anticipate possible increase in national entries. • Simplified procedures for filing large applications: • Amend national legislation to efficiently handle large applications and electronic filings.

  6. Impact on CIPO as ISA/IPEA • Benefit of commencing operation post January 1, 2004 amendments. • Develop system in accordance with perceived operation of enhanced search and exam system according to revised Guidelines and incorporating new PCT forms. • Resource requirements and anticipated volumes based on significant reduction of demands for preliminary examination. • Established search and exam fees taking into consideration provision of first written opinion with ISR.

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