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Amendments to the PCT Regulations as from 1 January 2009

Amendments to the PCT Regulations as from 1 January 2009. New publication languages Supplementary international search. Two new publication languages. New publication languages: Korean and Portuguese

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Amendments to the PCT Regulations as from 1 January 2009

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  1. Amendments to the PCT Regulations as from 1 January 2009 New publication languages Supplementary international search

  2. Two new publication languages • New publication languages: Korean and Portuguese • International applications published in Korean or Portuguese will always also contain title, abstract and search report in English • Applies to international applications whose international filing date is on or after 1 January 2009

  3. Supplementary international search(Basics) • Gives applicants option of requesting one or more supplementary searches from participating ISAs in addition to the main PCT search (see Rule 45bis) • Objectives: • benefit users by reducing likelihood of new prior art in national phase • allow applicants to obtain an additional search report taking into account the growing linguistic diversity of the prior art being found • Supplementary international search (SIS) is available only to the extent and within any limitations specified by participating ISAs

  4. Supplementary international search(Applicability) • Effective date: 1 January 2009 • Available for: any international application, irrespective of the filing date, for which the time limit of 19 months to request the supplementary international search expires on or after 1 January 2009

  5. Supplementary international search(Participation by Authorities) • Authorities that intend to offer SIS from 1 January 2009: • Federal Service for Intellectual Property, Patents and Trademarks (Russian Federation) • Nordic Patent Institute • Swedish Patent and Registration Office • Authorities that intend to offer SIS during 2009: • Austrian Patent Office • Authorities that intend to offer SIS from 1 January 2010: • European Patent Office • (National Board of Patents and Registration of Finland)

  6. Supplementary international search (Participation by Authorities) (cont.) • Participation still under consideration: • Australian Patent Office • National Institute of Industrial Property (Brazil) • State Intellectual Property Office of the People’s Republic of China • Korean Intellectual Property Office • No plans to offer SIS in the near future: • Canadian Intellectual Property Office • Japan Patent Office • Spanish Patent and Trademark Office • United States Patent and Trademark Office

  7. Supplementary international search(Requirements) • Request must be filed and fees paid to International Bureau • Fees payable (within one month from request): • supplementary search fee • supplementary search handling fee • Time limit to file request: • before expiration of 19 months from priority date • The ISA carrying out the main search cannot be selected as Authority specified for supplementary search (SSA) • The supplementary search request may be withdrawn at any time prior to the date of transmittal of the supplementary international search report through a notice addressed to the SSA or the IB

  8. Supplementary international search(Search procedure) • SIS is carried out on the international application as filed: amendments under Articles 19 and/or 34 will not be considered • Where ISA found lack of unity of invention, applicant can request SSA to carry out SIS on other than main invention • SSA begins SIS at the latest by expiration of 22 months from priority date • Supplementary international search report (SSR) to be established within 28 months from the priority date • SSR transmitted to applicant and International Bureau

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