PCT News & Announcements
News & Announcements Concerning the PCT:
22 August 2012 Change to Rospatent Search Fee
The International Bureau of the World Intellectual Property Organization has informed the United States Patent and Trademark Office that a decrease dollar amount has been established for the search fee required by the Russian Federal Service for Intellectual Property (Rospatent) with effect from 22 August 2012. The dollar amount of the search fee required by the Rospatent when acting as an International Searching Authority will be $211 beginning 22 August 2012.
The revised PCT Fee Schedule is available at: http://www.uspto.gov/patents/init_events/pct/sample/fees.jsp.
New PCT Contracting State
On 07 June 2012, Panama (PA) deposited its instrument of accession to the PCT, thus becoming the 146th Contracting State of the PCT, and on 07 September 2012, will become bound by the PCT. Consequently, any international application filed on or after 07 September 2012 will automatically include the designation of Panama.
Also, because Panama will be bound by Chapter II of the PCT, it will automatically be elected in any demand filed in respect of an international application filed on or after 07 September 2012. Furthermore, nationals and residents of Panama will be entitled, as from 07 September 2012, to file international applications under the PCT.
01 July 2012 Change to IP Australia Search Fee
The International Bureau of the World Intellectual Property Organization has informed the United States Patent and Trademark Office that an increased dollar amount has been established for the search fee required by the Australian Patent Office (IP Australia) with effect from 01 July 2012. The dollar amount of the search fee required by the Australian Patent Office when acting as an International Searching Authority will be $2,254 beginning 01 July 2012.
01 April 2012 Change to EPO Search Fee
The International Bureau of the World Intellectual Property Organization has informed the United States Patent and Trademark Office that an increased dollar amount has been established for the search fee required by the European Patent Office with effect from 01 April 2012. The dollar amount of the search fee required by the European Patent Office when acting as an International Searching Authority will be $2,426 beginning 01 April 2012.
Rospatent will act as an available ISA and IPEA for PCT applications filed with USPTO
The United States Patent and Trademark Office (USPTO) and the Russian Federal Service for Intellectual Property (Rospatent) have implemented an agreement under which Rospatent will act as an available International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for international applications filed with the USPTO as the Receiving Office (RO/US), under the Patent Cooperation Treaty (PCT). The starting date for the agreement is January 10, 2012.
The addition of Rospatent as an available ISA/IPEA choice will allow applicants additional flexibility in choosing a given international authority based on the technology disclosed in the international application, speed of services provided and cost of obtaining searches and examinations of international applications. Further details on the use of Rospatent as an ISA/IPEA for applications filed in the RO/US, please see the ROSPATENT Information Sheet.
01 January 2012 Changes to Certain International and Search Fees
International Fees
The International Bureau of the World Intellectual Property Organization has informed the USPTO that due to changes in the exchange rate of the U.S. dollar with regard to the Swiss franc, the dollar amounts of the following fees for international applications filed in the United States Receiving Office (RO/US) and International Preliminary Examining Authority (IPEA/US) will be changed, effective January 1, 2012.
Chapter I
* International filing fee (for first 30 pages of the international application) - $1453
* International filing fee (first 30 pages - filed in paper with PCT-EASY file on diskette, CD-R or DVD-R or filed electronically without PCT-EASY zip file) - $1344
* International filing fee (first 30 pages - filed electronically with PCT-EASY zip file) - $1234
* Supplemental fee for each additional page over 30 - $16
Chapter II
* Handling fee - $219
New PCT Transmittal Fee Effective 15 November 2011
Section 10(h) of the Leahy-Smith America Invents Act requires applicants to pay an additional fee (called an “electronic filing incentive”) for applications that are not filed electronically via EFS‐web. Effective 15 November 2011, all new PCT international applications filed with the RO/US by mail or hand delivery will require payment of a transmittal fee consisting of:
(i) A basic portion ....................................................................................... $240.00
(ii) A non-electronic filing fee portion for any international application designating the United States of America that is filed on or after November 15, 2011, other than by the Office electronic filing system, except for a plant application:
By a small entity (§ 1.27(a)) ....................................................................... $200.00
By other than a small entity ........................................................................ $400.00
26 September 2011 Change to U.S. National Stage Filing Fees
Pursuant to the newly signed Leahy-Smith America Invents Act, the following fees associated with the U.S. National Stage filing was changed, effective September 26, 2011.
| PCT Fees - National Stage | ||||
|
Fee Code |
37 CFR |
Description |
Fee |
Small Entity Fee |
| 1631/2631 | 1.492(a) | Basic National Stage Fee |
380.00 |
190.00 |
| 1641/2641 | 1.492(b)(2) | National Stage Search Fee - U.S. was the ISA |
120.00 |
60.00 |
| 1642/2642 | 1.492(b)(3) | National Stage Search Fee - search report prepared and provided to USPTO |
490.00 |
245.00 |
| 1632/2632 | 1.492(b)(4) | National Stage Search Fee - all other situations |
620.00 |
310.00 |
| 1633/2633 | 1.492(c)(2) | National Stage Examination Fee - all other situations |
250.00 |
125.00 |
| 1614/2614 | 1.492(d) | Claims - extra independent (over three) |
250.00 |
125.00 |
| 1615/2615 | 1.492(e) | Claims - extra total (over 20) |
60.00 |
30.00 |
| 1616/2616 | 1.492(f) | Claims - multiple dependent |
450.00 |
225.00 |
| 1681/2681 | 1.492(j) | National Stage Application Size Fee - for each additional 50 sheets that exceeds 100 sheets |
310.00 |
155.00 |
PCT-Patent Prosecution Highway (PPH) Between USPTO and and Various Intellectual Property Offices
The Patent Prosecution Highway (PPH) program has been expanded on a test basis to permit PPH eligibility for national- and regional-phase applications under the Patent Cooperation Treaty (PCT) on the basis of positive results in the PCT international phase. Under the PCT-PPH program, an applicant receiving a written opinion or an international preliminary examination report from one of the participating Offices that at least one claim in a PCT application has novelty, inventive step, and industrial applicability may request that the other office fast track the examination of corresponding claims in corresponding applications. The PCT-PPH will leverage fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently. As of May 25, 2010, the USPTO has eliminated the fee for the petition to make special under the PPH programs.
For a complete listing of the participating Offices, please visit: http://www.uspto.gov/patents/init_events/pph/index.jsp.
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