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USER REACTION TO RECENT CHANGES IN THE PCT. AIPLA – FICPI COLLOQUIUM NICE, FRANCE April 8, 2003. Melvin C. Garner Darby & Darby P.C. New York, NY 10022 mgarner@darbylaw.com. Source of Information. AIPLA PCT Issues Committee Leadership

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user reaction to recent changes in the pct

USER REACTION TO RECENT CHANGES IN THE PCT

AIPLA – FICPI COLLOQUIUM

NICE, FRANCE

April 8, 2003

Melvin C. Garner

Darby & Darby P.C.

New York, NY 10022

mgarner@darbylaw.com

source of information
Source of Information
  • AIPLA PCT Issues Committee Leadership
  • Papers Delivered at the Mid-Winter Meeting of the Committee, including those from non-US representatives
changes effective as of 1 1 03
Changes Effective As of 1/1/03
  • 30/31 Month National Phase Entry from Chapter I
  • Reinstatement of Priority Rights
  • Discount For Electronic Filing
  • Languages, Powers & Priority Documents
changes effective as of 1 1 04
Changes Effective As of 1/1/04
  • Enhanced International Search and Preliminary Examination in Chapter I
  • Automatic Designation of All States
30 month entry in national phase from chapter i
30 Month Entry in National Phase From Chapter I
  • Applicant gets ISR and can amend under Art. 19, if received early enough, without making a request under Chap. II.
  • Positive Response from Users because:
    • Save expense of Chap. II Exam.
    • More time to see progress of parent application.
    • Get info, and may be able to amend before national stage.
reinstatement of rights
Reinstatement of Rights
  • Failure to enter national phase on time can be corrected by showing it occurred despite “due care.” National office can use an “unintentional” standard.
  • Ability to get reinstatement is viewed positively.
  • “Due Care” standard, instead of “unintentional,” is viewed as a negative.
reduced fee for electronic filing
Reduced Fee For Electronic Filing
  • Filing of applications, DNA sequences and tables related to DNA. Discount for electronic filing.
  • All efforts at implementing electronic filing is positively received.
  • Except for Request forms and DNA sequences, it remains to be seen how effective it will be for US users.
languages powers priority documents
Languages, Powers & Priority Documents
  • New requirements on use of languages to align with PLT, the elimination of Powers and use of digital priority documents are authorized.
  • These minor changes all appear to be to the benefit of users.
enhanced inter search preliminary exam
Enhanced Inter. Search &Preliminary Exam
  • In Chapter I, under the Enhanced International Search and Preliminary Examination (EISPE) system, the user gets the standard ISR, as well as an International Preliminary Report on Patentability (IPRP).
  • Users view this positively because they get more information before the national stage, and without having to enter Chapter II.
  • Users have concern there may not be sufficient time or rules to assure an informal dialog with the examiner in Chapter I.
enhanced inter search preliminary exam cont
Enhanced Inter. Search &Preliminary Exam – Cont.
  • The user can enter Chapter II and the IPRP becomes the Written Opinion.
  • Users are concerned that they will not have time to amend/comment and get a second Opinion in Chapter II.
  • What will be the effect in the national offices of IPRP (Chap. I) v. Written Opinion (Chap. II) and IPRP from different IEA?
automatic designation of all states
Automatic Designation Of All States
  • One flat fee will cover the basic fee and the designation fee for all states.
  • This is viewed positively by users because it delays the time for deciding the states in which national stage processing is necessary.
  • There is concern that the combined fee may be too great.
conclusion
Conclusion
  • Users want flexibility in the system, and the new changes seem to provide that.
  • However, there is concern that convenience and work load considerations for the governmental agencies take precedence over the interests of the users.