Announcements Concerning the PCT:

01 May 2009 Changes to Certain International Filing Fees

The International Bureau of the World Intellectual Property Organization has informed the United States Patent and Trademark Office, that due to an adjustment in the exchange rate of the U.S. dollar with regard to the Swiss franc, the dollar amount of the following fees for international applications filed in the RO/US will change, effective 01 May 2009.

$1184 - International filing fee (first thirty pages)

$1095 - International filing fee (first thirty pages - filed in paper with PCT-EASY file on diskette, CD-R or DVD-R or filed electronically without PCT-EASY zip file)

$1006 - International filing fee (first thirty pages - filed electronically with PCT-EASY zip file)

$13 - Supplemental fee for each additional page over first thirty pages

$5200 - Sequence listing and/or sequence-related table on electronic medium only (PCT AI Section 801)

The revised PCT Fee Schedule is available at: http://www.uspto.gov/web/offices/pac/dapps/pct/fees.htm.

01 March 2009 Change to EPO Search Fee

The amount of the search fee for the European Patent Office (EPO) to act as the International Searching Authority (ISA) was decreased to $2164, effective 01 March 2009.

01 February 2009 Change to IP Australia Search Fee

The amount of the search fee for the IP Australia (IPAU) to act as the International Searching Authority (ISA) was decreased to $1091, effective 01 February 2009.

Limited Competency of Certain International Searching Authorities With Respect to Applications Filed in the USPTO

The USPTO has noticed a significant number of international applications filed in the United States receiving Office (RO/US) under the Patent Cooperation Treaty (PCT) where the applicant has chosen an International Searching Authority (ISA) which is not competent for the subject matter of the claimed invention.  This can result in significant delays in the issuance of the International Search Report and Written Opinion of the International Searching Authority.  When such an application is filed it is forwarded by the RO/US to the ISA selected by applicant.  After processing the application, the ISA will return the application to the RO/US with an indication that it is drawn to subject matter for which the ISA is not competent to act. The RO/US will then notify applicant of such and invite applicant to select a competent ISA.  Once the RO/US receives a new indication from applicant as to a new ISA, the RO/US will forward the application to the newly selected ISA where it will undergo further processing and will eventually receive a search in accordance with Chapter I of the PCT.

12 January 2009 Changes to Transmittal and US Search Fees

The United States Patent and Trademark Office (Office) is amending the rules of practice to adjust the transmittal and search fees for international applications filed under the PCT. The Office is adjusting the PCT transmittal and search fees to recover the estimated average cost to the Office of processing PCT international applications and preparing international search reports and written opinions for PCT international applications. The changes are applicable to any international application having a receipt date that is on or after January 12, 2009.

$240 - Transmittal fee

$2080 - United States Patent and Trademark Office as International Searching Authority (ISA)

$2080 - Supplemental search fee to ISA/US, per additional invention (payable only upon invitation)

New ISA/IPEA for International Applications filed in RO/US

The United States Patent and Trademark Office (USPTO) and IP Australia (IPAU) entered into an agreement in which IPAU will act as an available International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) for certain international applications filed with the USPTO under the Patent Cooperation Treaty (PCT). Effective 01 November 2008, applicants may select IPAU as the ISA in international applications filed in the United States Receiving Office (RO/US).  See the press release at: http://www.uspto.gov/web/offices/com/speeches/08-36.htm.  

Certain international applications that contain one or more claims relating to particular mechanical engineering or analogous fields of technology may be excluded from eligibility by IPAU. The following is a list of the subject matter for which IPAU is NOT a competent ISA or IPEA for international applications filed with the RO/US by International Patent Classification (8^th edition):

A01-AGRICULTURE; FORESTRY; ANIMAL HUSBANDRY; HUNTING; TRAPPING; FISHING, all classes except: A01H, A01N, A01P(ie new plants or processes of obtaining them thereof, Preservation of human, animals bodies or plants, biocidal, pest repellent, pest attractant or plant growth regulatory activity of chemical compounds or preparations)

A21-BAKING;EQUIPMENT FOR MAKING OR PROCESSING DOUGHS; DOUGHS FOR BAKING all classes except: A21D, (ie. Treatment of flour or dough for baking)

A22-BUTCHERING; MEAT TREATMENT; PROCESSING POULTRY OR FISH

A23N-MACHINES OR APPARATUS FOR TREATING HARVESTED FRUIT, VEGETABLES OR FLOWER BULBS IN BULK

A23P-SHAPING OR WORKING OF FOODSTUFFS

A24-TOBACCO; CIGARS; CIGARETTES

A41-47 PERSONAL AND DOMESTIC ARTICLES (eg. headgear (A42), footwear(A43), haberdashery (A44))

A61-MEDICAL OR VETERINARY SCIENCE, all classes except: A61K, A61L, A61P and A61Q (ie preparations for medical, dental or toilet purposes, methods, apparatus for sterilising materials or objects, chemical aspects of bandages, dressings, absorbent pads, or surgical articles, therapeutic activity of chemical compounds, use of cosmetics or similar toilet preparations)

A62-LIFE-SAVING all classes except: A62D (ie chemical means for extinguishing fires, processes for making harmful chemical substances harmless, or less harmful, by effecting a chemical change, composition of materials for coverings or clothing for protecting against harmful chemical agents; composition of materials for transparent parts of gas-masks, respirators, breathing bags or helmets; composition of chemical materials for use in breathing apparatus)

A63-SPORTS; GAMES; AMUSEMENTS

B06-GENERATING OR TRANSMITTING MECHANICAL VIBRATIONS IN GENERAL

B21, B23-B27 all except: B23K (ie soldering or unsoldering; welding; cladding or plating by soldering or welding; cutting by applying heat locally, e.g. flame cutting; working by laser beam)

B31- MAKING PAPER ARTICLE WORKING PAPER

B60-B68 all except: B60L, B60M and B60Q (ie electric equipment or propulsion of electrically-propelled vehicles; magnetic suspension or levitation for vehicles; electrodynamic brake systems for vehicles, in general, power supply lines, or devices along rails, for electrically-propelled vehicles, arrangement of signalling or lighting devices, the mounting or supporting thereof or circuits therefor, for vehicles in general)

D01-D07 Textiles all except: D06L, D06M, D06N,  D06P, D06Q (ie bleaching, treatment of fabrics, dyeing or printing textiles, decorating textiles)

E01- E06 FIXED CONSTRUCTION

E21- EARTH OR ROCK DRILLING; MINING

F01-F04 MACHINES

F15-F17 ENGINEERING ELEMENTS, ACTUATORS, STORAGE OR DISTRIBUTION OF GASES OR LIQUIDS

F41-F42 WEAPONS, AMMUNITION

G04-HOR0LOGY

GO6-COMPUTING; Calculating; Counting

G10-MUSICAL INSTRUMENTS

G11-INFORMATION STORAGE

IPAU as an ISA does not provide copies of the cited documents with the International Search Report. However, IPAU provides a service whereby the applicants can purchase copies of cited documents. See the information at: http://www.uspto.gov/web/offices/pac/dapps/pct/IPAU_ordering_citations.pdf.

02 October 2008 Changes to Certain U.S. National Stage Fees

The United States Patent and Trademark Office is adjusting certain patent fee amounts, including U.S. National Stage fees, for fiscal year 2009 to reflect fluctuations in the Consumer Price Index (CPI), effective 02 October 2008.

Further, the new Transmittal Letter to the United States Designated/Elected (DO/EO/US) Concerning a Submission Under 35 U.S.C. 371 (form PTO-1390) with the updated fee amounts will be available on 02 October 2008 at: http://www.uspto.gov/web/offices/pac/dapps/pct/files/natstg/pto-1390.pdf.

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