|PCT, International Applications
||Referenced Items (377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402)
The United States Patent And Trademark Office
The Federal Service For Intellectual Property, Patents And
Concerning Action Of ROSPATENT
As An International Searching Authority And International
Preliminary Examining Authority Under The Patent
For International Applications Received By
The United States Patent And Trademark Office
In the light of the facts that:
An Agreement exists between the Government of the Russian Federation and
the International Bureau of the World Intellectual Property Organization
(hereinafter called "International Bureau") in relation to the functioning of
the Federal Service for Intellectual Property, Patents and Trademarks
(hereinafter called "ROSPATENT") as an International Searching and
International Preliminary Examining Authority under the Patent Cooperation
Treaty (hereinafter called "the Agreement").
The United States Patent and Trademark Office (hereinafter "USPTO") is
desirous to have ROSPATENT carry out the tasks as one of the International
Searching Authorities and International Preliminary Examining Authorities
under the Patent Cooperation Treaty, and ROSPATENT is willing to do so.
The USPTO and ROSPATENT (hereinafter also called "both Participants" or
"the Participants") have reached understandings about the following mutual
1. ROSPATENT will 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:
1.1. the applications are submitted in the English language; and
1.2. insofar as ROSPATENT is chosen as a competent authority, where
applicable, by the applicants of said applications.
2. Pursuant to paragraph 1, ROSPATENT will act as an International
Preliminary Examining Authority regardless of which competent authority
had functioned as the International Searching Authority.
3. ROSPATENT will undertake the international search and international
preliminary examination pursuant to the provisions of the Agreement
between ROSPATENT and the International Bureau, and will promptly notify
the USPTO of any amendment to said agreement.
4. All correspondence between ROSPATENT and the USPTO or the applicants will
be in the English language, which is the language of the international
5. ROSPATENT will furnish the applicants with copies of the documents cited
in the international search report and the international preliminary
examination report, whereas the document, mentioned in the international
preliminary examination report, will be furnished if there was no
reference to it in the international search report. Any applicable fees
or charges are specified under paragraph 7.1.
6. Conduct of technical and procedural matters including transfer of fees
and exchange of documents will be as specified in the Technical Document,
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7. Fees and Charges:
7.1. The fees and charges which ROSPATENT is entitled to make in relation
to its function will be those set out in Annex C of the Agreement
between ROSPATENT and the International Bureau, depending on the
version of the Agreement in force, as represented by Annex D or E of
the PCT Applicant's Guide, as appropriate.
7.2. The USPTO will collect the search fees in U.S. dollars, in an amount
corresponding to that specified in Annex D of the PCT Applicant's
Guide, and shall transfer said amount in U.S. dollars to the bank
account specified in the Technical Document, Annex 1, paragraph 2.4,
which has been communicated for this use.
7.3. The USPTO will transfer the search fee in U.S. dollars to said
specified bank account, by the end of the next month following the
month by which 1) the search fee has been received and 2) formalities
examination and national security review of the international
application have occurred, and shall promptly send to ROSPATENT the
search copy together with the notification form containing the
international application number and the filing date. The USPTO will
send via email, on a monthly basis, a list of applications sent for
an international search, indicating an application number,
international filing date, payment date, fee code (or type), and fee
amount in U.S. dollars.
7.4. Any additional international search fee, late furnishing fee, review
fee, handling fee, international preliminary examination fee,
additional preliminary examination fee or any other fees listed in
the PCT Applicant's Guide will be paid by the applicant to ROSPATENT
in the amount and in the currency set out in Annex D or E of the PCT
Applicant's Guide, as appropriate.
8. Terms of this Agreement:
8.1. This Agreement will enter into force on the first day of the month
following the date of the final approval of the Technical document,
Annex 1 by the Participants.
8.2. The period of the validity of this Agreement will end upon expiry of
the Agreement between ROSPATENT and the International Bureau, and
shall be extended with the eventual renewal of the said Agreement
between ROSPATENT and the International Bureau.
9. This Agreement may be amended with the written consent of both Participants.
10. Termination of this Agreement:
10.1. This Agreement may be terminated by either Participant by written
notice addressed to the other Participant.
10.2. The termination under the preceding paragraph will take effect six
months after receipt of the notice by the other Participant.
10.3. ROSPATENT shall act as the competent International Searching
Authority and the International Preliminary Examining Authority in
accordance with this Agreement upon international applications
insofar as these applications are received by the USPTO within six
months after the receipt of the notice under paragraph 10.1.
11. Final Clauses:
11.1. Provisions under the Patent Cooperation Treaty, and the Regulations
and the Administrative Instructions under the Treaty, where relevant,
will apply to matters which are not provided for in this Agreement.
11.2. All other matters which cannot be interpreted by this Agreement or
under the preceding paragraph shall be resolved after consultations
between the USPTO and ROSPATENT.
In witness whereof the parties hereto have executed this Agreement in two
sets of originals, with each set composed of an English version and a Russian
Signed in Geneva, Switzerland on September 22, 2010.
[1378 OG 163]