United States Patent and Trademark Office OG Notices: 30 Oct 2007
Patent Cooperation Treaty (PCT) Information For information concerning PCT member countries, see the notice appearing in the Official Gazette at 1318 O.G. 4, on May 1, 2007. European Patent Office as Searching and Examining Authority 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 a 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 was 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 demands filed by U.S. residents or nationals on or after 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 August 1, 2007, and was announced in the Official Gazette at 1320 O.G. 116, on July 24, 2007. Korean Intellectual Property Office as Searching and Examining Authority For use of the Korean Intellectual Property Office as an International Searching Authority and International Preliminary Examining Authority for international applications filed in the United States Receiving Office, see the notice appearing in the Official Gazette at 1302 O.G. 1261 on January 17, 2006. The search fee of the Korean Intellectual Property Office was increased, effective May 15, 2006, and was announced in the Official Gazette at 1306 O.G. 90, on May 16, 2006. Fees International filing fees were changed, effective on October 14, 2006, to allow for a discount for electronic filing of international applications using EFS-Web and PCT EASY software. This change was announced in the Official Gazette at 1312 O.G. 40, on November 14, 2006. The schedule of PCT fees (in U.S. dollars), as of August 7, 2007, 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) - Corresponding prior U.S. national application has been filed under 35 U.S.C. 111(a), (i) prior to December 8, 2004, the basic filing fee under 37 CFR 1.16(a) has been paid, or (ii) on or after December 8, 2004, the basic filing fee under 37 CFR 1.16(a), the search fee under 37 CFR 1.16(k) and the examination fee under 37 CFR 1.16(o) have 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 preferably by the application docket number), in the international application or accompanying the papers at the time of filing of the international application $300.00 - All other situations (including situation wherein no prior corresponding U.S. national application has been filed under 35 USC 111(a)) $1,000.00 - Supplemental search fee, per additional invention (payable only upon invitation) $1,000.00 European Patent Office as ISA $2,197.00 Korean Intellectual Property Office as ISA $232.00 International fees International filing fee $1,086.00 International filing fee-filed in paper with PCT EASY zip file or electronically without PCT EASY zip file $1,008.00 International filing fee-filed electronically with PCT EASY zip file $931.00 Supplemental fee for each page over 30 $12.00 International Application (PCT Chapter II) fees associated with filing a Demand for Preliminary Examination: Handling fee $155.00 Preliminary examination fee USPTO as International Preliminary Examining Authority (IPEA) - USPTO was ISA in PCT Chapter I $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 U.S. National Stage fees (for international applications entering the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's web site (www.uspto.gov). June 28, 2007 JON W. DUDAS Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office