United States Patent and Trademark Office OG Notices: 07 September 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 U.S. 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 field of business methods. For the definition of what the EPO considers to be precluded subject matter in the field of 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 U.S. residents or nationals in the USPTO or IB as a 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. The EPO resumed its competence as an International Searching Authority and International Preliminary Examining Authority, effective January 1, 2004, for international applications filed 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 EPO resumed its competence as an International Preliminary Examining Authority, effective July 1, 2004, for international applications filed by nationals or residents of the United States of America where the application contains one or more claims relating to the field of telecommunications. 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 May 11, 2004 JON W. DUDAS Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office