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Amendments to the PCT Regulations as from 1 July 2012

Amendments to the PCT Regulations as from 1 July 2012. Time limit to request retrieval of priority document (Rule 17.1(b- bis )). Extension of the time limit to request the IB to retrieve the priority document from a digital library time limit aligned with Rule 17.1(a)

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Amendments to the PCT Regulations as from 1 July 2012

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  1. Amendments to the PCT Regulations as from 1 July 2012

  2. Time limit to request retrieval of priority document (Rule 17.1(b-bis)) • Extension of the time limit to request the IB to retrieve the priority document from a digital library • time limit aligned with Rule 17.1(a) • time limit considered to be met if request to IB is made prior to the date of publication • The possibility to request retrieval of the priority document by the RO was deleted, because the service was not used • Effective as from 1 July 2012 for applications for which the time limit under amended Rule 17.1(b-bis) expires on or after 1 July 2012

  3. Time limit for furnishing missing elements (Rule 20.7(b)) • Change of wording in order to avoid misinterpretation and clarify that, if • neither a correction under Article 11(2) • nor a notice confirming incorporation by reference of an element under Article 11(1)(iii)(d) or (e) was received before the expiration of the time limit • but was received before issuance by the RO of a notification under Rule 20.4(i) the correction or notice will be considered to have been received within the applicable time limit • Effective as from 1 July 2012 for applications filed on or after that date

  4. PCT minimum documentation (Rule 34) • Rule 34(c) and (d) has been modified to include Chinese patent documents to the extent that English abstracts are available • Effective as from 1 July 2012 for applications, irrespective of the international filing date, for which the international search is carried out after that date

  5. Deletion of Rule 82.2 • Due to the introduction of new Rule 82quater, this Rule will be deleted as from 1 July 2012 • Rule 82.2 will remain applicable to applications • with an international filing date before 1 July 2012 • for which the time limit to furnish evidence under Rule 82.1(c) expires on or after 1 July 2012

  6. Excuse of delay in meeting certain time limits due to force majeure (new Rule 82quater) (1) • The RO, ISA, SISA, IPEA or IB shall excuse a delay in meeting a time limit provided for in the Regulations if it is proven to the Office’s satisfaction that • the time limit could not be met due to war, revolution, civil disorder, strike, natural calamity, or other similar reason and • evidence is offered not later than six months after the expiration of the relevant time limit • The Rule does not apply to • the 12 month priority period under the Paris Convention • the time limit for entry into the national phase

  7. Excuse of delay in meeting certain time limits due to force majeure (new Rule 82quater) (2) • The excuse of delay need not be considered by a designated Office before which national phase has been entered • Effective as from 1 July 2012 for applications, irrespective of the international filing date, for which the time limit under Rule 82quater.1(b) expires on or after 1 July 2012

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