September 22, 2010
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Press Release, 10-44
USPTO and Rospatent Sign Agreement for Rospatent to Serve as an International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty
Agreement applies to international applications filed with the USPTO as the receiving office
Geneva –Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos and Russian Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) Director Boris Simonov today signed an Agreement Concerning Action of Rospatent as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty for international applications received by the USPTO. The signing took place during a ceremony at the World Intellectual Property Organization (WIPO) in Geneva.
According to the agreement, Rospatent will undertake international search and international preliminary examination for international applications filed with the USPTO as the receiving Office. This will be beneficial for U.S. applicants as it will provide them with an additional choice at a lower cost, and with additional flexibility in choosing an International Authority based on the field of technology of the invention, the speed of services provided and the cost of search and examination.
“We look forward to implementing the PCT agreement and to providing additional choices to U.S. applicants in the near future,” said Director Kappos in his remarks.
The cost of an international search carried out by Rospatent as the ISA will be $449. Applicants further selecting Rospatent as the IPEA will pay a preliminary examination fee of RUB 5400 (RUB 8100 when the ISR is not prepared by Rospatent) and a handling fee of $175. These costs compare favorably with those associated with selecting other international offices to carry out these search and examination functions.
The PCT is an international agreement designed to simplify the filing of patent applications among its contracting states. A PCT application has the effect of a national patent application in any of the designated PCT member states. International applicants receive an International Search Report and may seek an International Preliminary Examination Report on patentability from a selected ISA/IPEA, to help them determine whether an application meets the basic patentability criteria before committing to the high cost of translating the documents and entering the National Stage in one or more PCT countries.
Implementation details of the agreement are being finalized and a start date has not yet been determined. The start date will be announced at a later date.