Patent Cooperation Treaty Update
European Patent Office Search Fee Change
The International Bureau of the World Intellectual Property Organization
has informed the U.S. Patent and Trademark Office that the dollar amount
of the search fee charged by the European Patent Office for
international applications filed in the United States Receiving Office
decreased to $1310.00, effective July 1, 1997.
Hong Kong: Notification by the People's Republic of China
The International Bureau of the World Intellectual Property
Organization, in a press release dated June 11, 1997, noted that the
Government of the People's Republic of China had informed the Director
General of WIPO as follows:
"In accordance with the Joint Declaration of the Government of the
People's Republic of China and the Government of the United Kingdom of
Great Britain and Northern Ireland on the Question of Hong Kong signed
on 19 December 1984, the People's Republic of China will resume the
exercise of sovereignty over Hong Kong with effect from July 1, 1997.
Hong Kong will, with effect from that date, become a Special
Administrative Region of the People's Republic of China and will enjoy a
high degree of autonomy, except in foreign and defence affairs which are
the responsibilities of the Central People's Government of the People's
Republic of China.
"The Patent Cooperation Treaty (PCT) of June 19, 1970, as amended on
September 28, 1979 and February 3, 1984 (hereinafter referred to as the
`PCT'), to which the Government of the People's Republic of China
deposited its instrument of accession on October 1, 1993, will apply to
the Hong Kong Special Administrative Region with effect from 1 July
1997. The Government of the People's Republic of China also makes the
following declarations:
"1. The designation of China in any international PCT application filed
on or after July 1, 1997, shall also cover the Hong Kong Special
Administrative Region of the People's Republic of China.
"2. The modalities of `entering the national phase' under Article 22 and
Article 39 of the PCT as far as international applications filed on or
after July 1, 1997, and designating China are concerned, will be
communicated to the Director-General of the World Intellectual Property
Organization not later than by the end of the current year (that is, by
December 31, 1997).
"The Government of the People's Republic of China will assume
responsibility for the international rights and obligations arising from
the application of the Treaty to the Hong Kong Special Administrative
Region."
Accession by Indonesia
The United States Patent and Trademark Office received notification from
the World Intellectual Property Organization (WIPO) that Indonesia
deposited its instrument of accession to the PCT on June 5, 1997.
Indonesia will become a Contracting State of the PCT on September 5,
1997. Consequently. nationals and residents of Indonesia are entitled to
file international applications under the PCT on and after September 5,
1997, and from the same date it is possible to file international
applications designating and electing Indonesia (country code: ID).
Listing of PCT Member Countries
Date of Deposit Entry into
Country Instrument of Instrument Force1
(1) Central Accession 15 September 1971 24 January 1978
African Republic2
(2) Senegal2 Ratification 08 March 1972 24 January 1978
(3) Madagascar Ratification 27 March 1972 24 January 1978
(4) Malawi5 Accession 16 May 1972 24 January 1978
(5) Cameroon2 Accession 15 March 1973 24 January 1978
(6) Chad2 Accession 12 February 1974 24 January 1978
(7) Togo2 Ratification 28 January 1975 24 January 1978
(8) Gabon2 Accession 06 March 1975 24 January 1978
(9) United States Ratification 26 November 1975 24 January 1978
of America
(10) Germany3 Ratification 19 July 1976 24 January 1978
(11) Congo2 Accession 08 August 1977 24 January 1978
(12) Switzerland3 Ratification 14 September 1977 24 January 1978
(13) United King- Ratification 24 October 1977 24 January 1978
dom3
(14) France3 Ratification 25 November 1977 25 February 1978
(15) Russian Fed- Ratification 29 December 1977 29 March 1978
eration6
(16) Brazil Ratification 09 January 1978 09 April 1978
(17) Luxembourg3 Ratification 31 January 1978 30 April 1978
(18) Sweden3 Ratification 17 February 1978 17 May 1978
(19) Japan Ratification 01 July 1978 01 October 1978
(20) Denmark3 Ratification 01 September 1978 01 December 1978
(21) Austria3 Ratification 23 January 1979 23 April 1979
(22) Monaco3 Ratification 22 March 1979 22 June 1979
(23) Netherlands3 Ratification 10 April 1979 10 July 1979
(24) Romania Ratification 23 April 1979 23 July 1979
(25) Norway Ratification 01 October 1979 01 January 1980
(26) Liechtenstein3 Accession 19 December 1979 19 March 1980
(27) Australia Accession 31 December 1979 31 March 1980
(28) Hungary Ratification 27 March 1980 27 June 1980
(29) Democratic Accession 08 April 1980 08 July 1980
People's Republic
of Korea (North
Korea)
(30) Finland Ratification 01 July 1980 01 October 1980
(31) Belgium3 Ratification 14 September 1981 14 December 1981
(32) Sri Lanka Accession 26 November 1981 26 February 1982
(33) Mauritania2 Accession 13 January 1983 13 April 1983
(34) Sudan5 Accession 16 January 1984 16 April 1984
(35) Bulgaria Accession 21 February 1984 21 May 1984
(36)Republic of Accession 10 May 1984 10 August 1984
Korea (South Korea)
(37) Mali2 Accession 19 July 1984 19 October 1984
(38) Barbados Accession 12 December 1984 12 March 1985
(39) Italy3 Ratification 28 December 1984 28 March 1985
(40) Benin2 Accession 26 November 1986 26 February 1987
(41) Burkina Faso2 Accession 21 December 1988 21 March 1989
(42) Spain3 Accession 16 August 1989 16 November 1989
(43) Canada Ratification 02 October 1989 02 January 1990
(44) Greece3 Accession 09 July 1990 09 October 1990
(45) Poland Accession 25 September 1990 25 December 1990
(46) Cote d'Ivoire2 Ratification 31 January 1991 30 April 1991
(47) Guinea2 Accession 27 February 1991 27 May 1991
(48) Mongolia Accession 27 February 1991 27 May 1991
(49) Czech Republic Declaration4 18 December 1992 01 January 1993
(50) Ireland3 Ratification 01 May 1992 01 August 1992
(51) Portugal3 Accession 24 August 1992 24 November 1992
(52) New Zealand Accession 01 September 1992 01 December 1992
(53) Ukraine Declaration4 21 September 1992 25 December 1991
(54) Viet Nam Accession 10 December 1992 10 March 1993
(55) Slovakia Declaration4 30 December 1992 01 January 1993
(56) Niger2 Accession 21 December 1992 21 March 1993
(57) Kazakstan6 Declaration4 16 February 1993 25 December 1991
(58) Belarus6 Declaration4 14 April 1993 25 December 1991
(59) Latvia Accession 07 June 1993 25 December 1991
(60) Uzbekistan Declaration4 18 August 1993 25 December 1991
(61) China Accession 01 October 1993 01 January 1994
(62) Slovenia Accession 01 December 1993 01 March 1994
(63) Trinidad and Accession 10 December 1993 10 March 1994
Tobago
(64) Georgia Declaration4 18 January 1994 25 December 1991
(65) Kyrgyzstan6 Declaration4 14 February 1994 25 December 1991
(66) Republic of Declaration4 14 February 1994 25 December 1991
Moldova6
(67) Tajikistan Declaration4 14 February 1994 25 December 1991
(68) Kenya5 Accession 08 March 1994 08 June 1994
(69) Lithuania Accession 05 April 1994 05 July 1994
(70) Armenia6 Declaration4 17 May 1994 25 December 1991
(71) Estonia Accession 24 May 1994 24 August 1994
(72) Liberia Accession 27 May 1994 27 August 1994
(73) Swaziland5 Accession 20 June 1994 20 September 1994
(74) Mexico Accession 01 October 1994 01 January 1995
(75) Uganda5 Accession 09 November 1994 09 February 1995
(76) Singapore Accession 23 November 1994 23 February 1995
(77) Iceland Accession 23 December 1994 23 March 1995
(78) Turkmenistan6 Declaration4 01 March 1995 25 December 1991
(79) The former Accession 10 May 1995 10 August 1995
Yugoslav Republic
of Macedonia
(80) Albania Accession 04 July 1995 04 October 1995
(81) Lesotho5 Accession 21 July 1995 21 October 1995
(82) Azerbaijan6 Accession 25 September 1995 25 December 1995
(83) Turkey Accession 01 October 1995 01 January 1996
(84) Israel Ratification 01 March 1996 01 June 1996
(85) Cuba Accession 16 April 1996 16 July 1996
(86) Saint Lucia Accession 30 May 1996 30 August 1996
(87) Bosnia and Accession 07 June 1996 07 September 1996
Herzegovina
(88) Federal Re- Ratification 01 November 1996 01 February 1997
public of Yugo-
slavia7
(89) Ghana5 Accession 26 November 1996 26 February 1997
(90) Zimbabwe5 Accession 11 March 1997 11 June 1997
(91) Sierra Leone Accession 17 March 1997 17 June 1997
(92) Indonesia Accession 05 June 1997 05 September 1997
1Although the PCT entered into force on January 24, 1978, the Assembly
of the PCT Union fixed June 1, 1978, as the date from which
international applications could be filed and demands for international
preliminary examination could be submitted.
2Member of African Intellectual Property Organization (OAPI) regional
patent system.
3Member of European Patent Convention (EPC) regional patent system.
4Declaration of continued application.
5Member of African Regional Industrial Property Organization (ARIPO)
regional patent system.
6Member of Eurasian Patent Organization (EAPO) regional patent system.
7The Federal Republic of Yugoslavia is comprised of the Republics of
Serbia and Montenegro. The World Intellectual Property Organization has
utilized the two-letter code "YU" to refer to the Federal Republic of
Yugoslavia becoming a party to the Patent Cooperation Treaty. The United
States understands that the scope of the territory covered by the
designation encompasses only the Republics of Serbia and Montenegro.
July 7, 1997 BRUCE A. LEHMAN
Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks