| PCT, International Applications |
Referenced Items (351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384) |
(353) Arrangement between the United States Patent and
Trademark Office and the Intellectual Property Office of
Singapore Concerning Action of the Intellectual Property
Office of Singapore as an International Searching
Authority and Preliminary Examining Authority under the
Patent Cooperation Treaty for International Applications
Received by the United States Patent and Trademark Office
Whereas an Agreement exists between the Intellectual Property Office of
Singapore (hereinafter "IPOS") and the International Bureau of the World
Intellectual Property Organization (hereinafter "International Bureau") in
relation to the functioning of the IPOS as an International Searching
Authority and International Preliminary Examining Authority under the
Patent Cooperation Treaty (hereinafter "the Agreement between the IPOS and
the International Bureau"); and
Whereas the United States Patent and Trademark Office (hereinafter
"USPTO") desires to have the IPOS carry out the tasks as one of the
International Searching Authorities and International Preliminary Examining
Authorities under the Patent Cooperation Treaty, and the IPOS is willing to
do so,
The USPTO and the IPOS (hereinafter "the Participants") have reached the
following understandings:
1. (1) The IPOS intends to act as an International Searching Authority
and International Preliminary Examining Authority under the Patent
Cooperation Treaty for international applications filed with the
USPTO as Receiving Office insofar as the following conditions are
met:
(i) the international applications are submitted in the English
language;
(ii) The IPOS is chosen as a competent authority by the applicants
of said applications.
(2) Consistent with paragraph (1), the IPOS intends to act as an
International Preliminary Examining Authority only where the IPOS
had acted as the International Searching Authority.
(3) The USPTO intends to inform the International Bureau, pursuant to
the Patent Cooperation Treaty (hereinafter "PCT") Rules 35 and 59
that the IPOS is competent for the international searching and
international preliminary examination under this arrangement in
paragraphs (1) and (2).
2. The IPOS intends to conduct the international search and
international preliminary examination pursuant to the provisions of
the Agreement between the IPOS and the International Bureau, and
intends to promptly notify the USPTO of any relevant amendment to
said Agreement between the IPOS and the International Bureau.
3. The language of correspondence between the IPOS and both the USPTO
and the applicants is English.
4. Conduct of technical and procedural matters including transfer of
fees and exchange of documents is as specified in Annex A of this
arrangement.
5. The IPOS, upon request and on payment, intends to furnish the
applicants with copies of the documents cited in the international
search reports and the international preliminary examination reports.
6. (1) The fees and charges levied by IPOS in relation to its function
 Top of Notices (353) December 27, 2016 |
US PATENT AND TRADEMARK OFFICE |
1433 CNOG 2725 |
are intended to be those set out in Annex C of the Agreement between
the IPOS and the International Bureau, depending on the version of
the Agreement in force, as represented by Annexes D and E of the PCT
Applicant's Guide.
(2) The USPTO intends to collect the search fees from the applicants
in the U.S. Dollar (USD) amount specified in Annex D of the PCT
Applicant's Guide and intends to transfer said amount in USD to the
bank account in Singapore, which has been communicated for this use.
(3) The USPTO intends to transfer the search fee to said bank account
in Singapore, by the end of the next month following the month in
which the search fee is received, and intends to promptly notify the
IPOS of the international filing date, the international application
number, and the date on which the search fee was received.
(4) Any fee for copies of documents cited in the international search
report, additional international search fee, international
preliminary examination fee, additional preliminary examination fee,
or any necessary fee for search or preliminary examination is
expected to be paid by the applicant to the IPOS in the amount and in
the currency set out in Annex D or E of the PCT Applicant's Guide.
7. (1) This Arrangement comes into effect upon April 1, 2016.
(2) The USPTO and the IPOS intend that this Arrangement end on March
30, 2019 or upon the termination of the Agreement between the IPOS
and the International Bureau if such termination is earlier. The
USPTO and the IPOS may continue this Arrangement by mutual written
consent upon any renewal of the said Agreement between the IPOS and
the International Bureau.
8. This Arrangement may be modified with the written consent of both the
USPTO and the IPOS.
9. (1) This Arrangement may be discontinued by either Participant by
written notice to the other Participant, however each Participant
should endeavour to provide six months advanced notice of its intent
to discontinue this Arrangement.
(2) The IPOS intends to act as the competent International Searching
Authority and the International Preliminary Examining Authority in
accordance with this Arrangement upon international applications
insofar as these applications are received by the USPTO within six
months after the receipt of the notice under the preceding paragraph.
10. (1) The Participants intend, where relevant, to apply the provisions
under the Patent Cooperation Treaty, and the Regulations and the
Administrative Instructions under the Treaty, to matters which are
not provided for in this Arrangement.
(2) This Arrangement does not give rise to legal obligations under
international or domestic law. The IPOS and the USPTO intend to
resolve any differences which arise regarding this Arrangement
through consultations and negotiations.
11. Annex A is part of this Arrangement.
12. The Participants recognize that if there is a change regarding the
information in Section 1 (Contact Details) of Annex A, the
Participant making the change intends to notify the other
Participant.
Signed in Geneva, Switzerland on 07 October 2015.
For the United States Patent For the Intellectual Property
and Trademark Office (USPTO) Office of Singapore (IPOS)
MICHELLE LEE TAN YIH SAN
Under Secretary of Commerce for Chief Executive of the IPOS
Intellectual Property and
Director of the USPTO
[1425 OG 192]