| PCT, International Applications |
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(359) The Intellectual Property Office of Singapore to Act
as International Searching Authority and International
Preliminary Examining Authority for International
Applications Received by the USPTO
Effective April 1, 2016, the Intellectual Property Office of Singapore
(IPOS) may act as an International Searching Authority (ISA) and
International Preliminary Examining Authority (IPEA) under the Patent
Cooperation Treaty (PCT) for international applications filed with the
United States Patent and Trademark Office (USPTO) as a Receiving Office
(RO/US), provided that: (1) the applications are submitted in the English
language; and (2) the IPOS is chosen as a competent authority by the
applicants of said applications. The IPOS also will act as an IPEA if these
requirements are met, and the IPOS acted as the ISA.
The arrangement between the IPOS and the USPTO is intended to end on
March 30, 2019. The arrangement may be continued by mutual written consent,
in which case notice will be provided.
The USPTO will collect the search fees from the applicants, and will
transmit the search fees to the IPOS. The search fee for the IPOS acting as
an ISA for international applications received by the USPTO is $1,578
effective April 1, 2016. Any other fees necessary for search or examination
or incidental thereto will be paid by applicants directly to the IPOS.
All correspondence between the IPOS and the USPTO or the applicants will
be in English.
With this addition, U.S. applicants may now elect the USPTO, the
European Patent Office (EPO)1, the Korean Intellectual Property Office, IP
Australia2, Rospatent, the Israel Patent Office (ILPO)3, the Japan Patent
Office (JPO)4, or the IPOS as the ISA or IPEA.
1The use of the EPO is not restricted. However, the EPO will issue a
declaration under PCT Rule 17(2)(a) that no ISR will be established
whenever an application relates only to a business method as such. In
applications containing claims relating to business methods where the
subject matter of the application also contains technical features, the EPO
will perform a search for those parts of the application which are more
than mere business methods. The announcement appears in the Official
Gazette at 1414 O.G. 61 on March 10, 2015. The EPO will act as an IPEA only
if it also acted as the ISA.
2The use of IP Australia is restricted. IP Australia will not act as an ISA
if it has received more than 250 international applications from the USPTO
during a fiscal quarter, as indicated in the Official Gazette at
1409 O.G. 302 on December 30, 2014. IP Australia will act as an IPEA only
if it also acted as the ISA.
3The use of the ILPO is restricted. The ILPO will not act as an ISA for
applications with one or more claims relating to a business method as
defined by certain International Patent Classification classes nor will the
ILPO act as an ISA where it has received more than 75 international
applications from the USPTO during a fiscal quarter, as indicated in the
Official Gazette at 1408 O.G. 52 on November 4, 2014. For the definition
of what the ILPO considers to be precluded subject matter in the field of
business methods, see Annex B of the Agreement between the Israel Patent
Office and the United States Patent and Trademark Office
(http://www.uspto.gov/patents/law/notices/ilpo_isa-ipea.pdf). The ILPO will
act as an IPEA only if it also acted as the ISA.
4The use of the JPO is restricted. The JPO will act as an ISA for
applications only where the claims of the application are directed to the
field of green technology as defined by certain International Patent
Classification classes and where the JPO has not received more than 5,000
 Top of Notices (359) December 26, 2017 |
US PATENT AND TRADEMARK OFFICE |
1445 CNOG 2739 |
international applications fromthe USPTO during the 3 year period from July
1, 2015 to June 30, 2018, and not more than 300 applications per quarter
during the first year, and not more than 475 application per quarter during
the second and third years, as indicated in the Official Gazette at
1417 O.G. 63 on August 4, 2015. For the definition of what the JPO
considers to be the field of green technology, see Annex A of the Agreement
between the Japan Patent Office and the United States Patent and Trademark
Office at 1417 O.G. 67, August 4, 2015. The JPO will act as an IPEA only if
it also acted as the ISA.
The concluded arrangement between the USPTO and the IPOS for the
establishment of the IPOS as an ISA and IPEA is set forth in the following
separate document.
March 25, 2016 MICHELLE K. LEE
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1425 OG 190]