United States Patent and Trademark Office OG Notices: 20 April 2004
Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1277 O.G. 74, on December 16, 2003.
Either the United States Patent and Trademark Office (USPTO) or the
European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is
no longer a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by US residents or nationals on or after
01 March 2002 in the USPTO or IB as receiving Office, and where the
application contains one or more claims directed to the fields of
biotechnology or business methods. For the definition of what the EPO
considers to be precluded subject matter in the fields of
biotechnology and business methods, applicants should see the "Notice from
the President of the European Patent Office," dated 26 November 2001, and
which is published as Annex A in the "Notice Concerning EPO Competence to
Act as PCT Authority" in the Official Gazette at 1255 O.G. 878, on
February 19, 2002.
The European Patent Office may act as the International Preliminary
Examining Authority (IPEA) for an international application filed
in the United States Receiving Office or the International Bureau as
Receiving Office where at least one of the applicants is either a
national or resident of the United States of America, provided that the
European Patent Office acted as the International Searching Authority.
However, the EPO is no longer a competent IPEA, within the meaning of PCT
Article 32(3), for international applications filed by US residents or
nationals in the USPTO or IB as Receiving Office where the corresponding
demand is filed with the EPO on or after 01 March 2002, and where the
application contains one or more claims directed to the fields of
business methods or telecommunication. For the definition
of what the EPO considers to be precluded subject matter in the
field of telecommunication, applicants should see the "Notice from
the President of the European Patent Office," dated 26 November 2001, and
which is published as Annex A in the "Notice Concerning EPO
Competence to Act as PCT Authority" in the Official Gazette at 1255 O.G.
878, on February 19, 2002.
The EPO resumed its competence as an International Searching Authority
and International Preliminary Examining Authority, effective January 1,
2004, for international applications files by nationals or residents of
the United States of America where the application contains one or more
claims relating to the field of biotechnology. This change was announced
in the Official Gazette at 1277 O.G. 230 on December 30, 2003.
The search fee of the European Patent Office was increased, effective
April 1, 2004, and was announced in the Official Gazette at 1280 O.G.
868, on March 16, 2004.
International fees were changed, effective on April 1, 2004, due to
a change in the exchange rate of the U.S. dollar with regard to the Swiss
franc, and were announced in the Official Gazette at 1280 O.G. 868 on
March 16, 2004.
The schedule of PCT fees (in U.S. dollars), as of April 1, 2004,
is as follows:
International Application (PCT Chapter I) fees:
Transmittal fee: $300.00
Search Fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- No corresponding prior U.S. national
application filed under
35 U.S.C. 111(a) $1,000.00
- Corresponding prior U.S. national
application filed under 35 U.S.C.
111(a), the basic filing fee under 37 CFR
1.16(a) has been paid and the prior U.S.
National application is identified by the
application number if known, or if the
application number is not known, by the
filing date, title and name of applicant
(and preferasbly by the application docket
number), in the international application or
accompanying the papers at the time of filing
of the international application $300.00
- Supplemental search fee, per
additional invention (payable only upon invitation) $1,000.00
European Patent Office as ISA $1,920.00
International fees
International filing fee $1,134.00
Supplemental fee for each page over 30 $12.00
(A reduction of $81 in the international fees is available in certain
cases where PCT-EASY software is used to prepare the request, provided that
the necessary conditions are met. See 1217 OG 131 (December 29, 1998)).
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $162.00
Preliminary examination fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $600.00
- Additional preliminary examination fee,
per additional invention (payable only
upon invitation) $600.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional preliminary examination fee,
per additional invention (payable
only upon invitation) $600.00
Certain domestic fees have been changed, effective October 1, 2003, to
adjust certain patent fee amounts to reflect fluctuations in the Consumer
Price Index.
Small
U.S. National Stage Fees Entity Regular
Basic National fee
USPTO was IPEA
- All claims presented satisfied
provisions of PCT Article
33(2) to (4) $50.00 $100.00
- All claims presented did not satisfy
provisions of PCT Article
33(2) to (4) $365.00 $730.00
USPTO was ISA but not IPEA $385.00 $770.00
USPTO was neither ISA nor IPEA
- Search report has not been prepared
by the European Patent Office or
the Japan Patent Office $540.00 $1,080.00
- Search report has been prepared by
the European Patent Office or the
Japan Patent Office $460.00 $920.00
Other National fees
- For each independent
claim in excess of 3 $43.00 $86.00
- For each claim in excess of 20 $9.00 $18.00
- For each application con-
taining a multiple depen-
dent claim $145.00 $290.00
- Surcharge for filing oath or
declaration after the time
limit applicable under PCT
Article 22 or 39(1) $65.00 $130.00
- Processing fee for filing
English translation after
the time limit applicable
under PCT Article 22 or
39(1) $130.00 $130.00
February 13, 2004 JOHN W. DUDAS
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of the
United States Patent and Trademark Office