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PCT News & Announcements

News & Announcements Concerning the PCT:


1 January 2014 Changes to certain fees 

The International Bureau of the World Intellectual Property Organization has informed the United States Patent and Trademark Office that the dollar amounts of the following fees* have been changed, effective January 1, 2014. 

International filing fee (first 30 pages)

1,471.00

International filing fee (first 30 pages - filed in paper with PCT EASY zip file or electronically without PCT EASY zip file )

1,360.00

International filing fee (first 30 pages) - filed electronically with PCT Easy zip file

1,250.00

Supplemental fee (for each page over 30)

17.00

International search (EPO)

2,545.00

International search (IPAU)

2,076.00

International search (KIPO)

1,212.00

International search (Rospatent)

868.00

Handling fee (Chapter II)

221.00

Handling Fee (Chapter II) - 90% reduction, if applicants meets criteria specified at: http://www.wipo.int/pct/en/fees/fee_reduction.pdf

22.10

* micro entity and small entity discounts do not apply

 

The United States Patent and Trademark Office has established a new small entity fee and a new micro entity fee for the following, effective January 1, 2014. 

Fee Code Description

Fee

Small

Micro

1601/2601/3601 Transmittal fee

240.00

120.00

60.00

1690/2690 Non-electronic filing fee (additional fee for applications filed in paper)

400.00

200.00

200.00

1602/2602/3602 Search fee - regardless of whether there is a corresponding application (see 35 U.S.C. 361(d) and PCT Rule 16)

2,080.00

1,040.00

520.00

1604/2604/3604 Supplemental search fee when required, per additional invention

2,080.00

1,040.00

520.00

1621/2621/3621 Transmitting application to Intl. Bureau to act as receiving office

240.00

120.00

60.00

1605/2605/3605 Preliminary examination fee - U.S. was the ISA

600.00

300.00

150.00

1606/2606/3606 Preliminary examination fee - U.S. was not the ISA

760.00**

380.00

190.00

1607/2607/3607 Supplemental examination fee per additional invention

600.00

300.00

150.00

1619/2619/3619 Late payment fee

variable

variable

variable

** Increased from $750 to $760, effective January 1, 2014

 

The revised PCT Fee Schedule will be available at: http://www.uspto.gov/patents/init_events/pct/sample/fees.jsp.

 

18 December 2013 Changes 

Effective 18 December 2013, the United States Patent and Trademark Office is implementing new rules pertaining to The Patent Law Treaties Implementation Act of 2012. With regards to the PCT, the new rules will affect international and national phase applications in the following manner:

  • Petition to revive unavoidably abandoned international application:
    • no longer available in view of the change to 35 U.S.C. 41(a)(7), 119, and 120 in section 202(b) of the Patent Law Treaties Implementation Act of 2012
  • Petition to revive unintentionally abandoned international application:
    • undiscounted/small entity fees decrease from $1,900/$950 to $1,700/$850
    • micro entity discount is no longer available under 37 CFR 1.17(m)
  • Request for the restoration of the right of priority:
    • undiscounted/small entity fees increase from $1,420/$710 to $1,700/$850
    • micro entity discount is no longer available under 37 CFR 1.17(m)         

 

New PCT Contracting State

On 4 July 2013, the Islamic Republic of Iran deposited its instrument of ratification to the PCT, thus becoming the 148th Contracting State of the PCT, and on 4 October 2013, will become bound by the PCT. Consequently, any international application filed on or after 4 October 2013 will automatically include the designation of the Islamic Republic of Iran.

Also, because the Islamic Republic of Iran will be bound by Chapter II of the PCT, it will automatically be elected in any demand for international preliminary examination filed in respect of an international application filed on or after 4 October 2013. Furthermore, nationals and residents of the Islamic Republic of Iran will be entitled, as from 4 October 2013, to file international applications under the PCT.  

  

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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Last Modified: 12/16/2013 5:34:49 PM