Samenvatting
** This book is divided in 2 parts - each part must each be added to your basket separately **
WIPO does not provide paper versions of their Applicant’s Guidelines and Annexes, preferring to keep their website up-to-date. For daily practice, some practitioners may prefer an abbreviated paper version with useful overviews, and the most frequently needed PCT implementation details. For PCT exam candidates, it is essential to have details from the Applicant’s Guide available. For example, legal questions are regularly directed to competent ISA’s, national entry, and fees due on filing.
This book is split into 2 parts:
Part (1): Overviews (160 x 230 x 18mm - 475g) - basic information for ALL PCT STATES, such as:
● Treaty membership, reservations, national entry deadlines, PCT fees, applicant forms, DAS, PPH, restoration of priority, international exhibitions, amending under A.19 and A.34, excusing delays, security restrictions, biological deposit indications.
● Applicant’s Guidelines - International (AG-IP) & National Phase (AG-NP) – with our Detailed Table of Contents, page numbers, and indications of sections with major changes in last 3 years.
Part (2): Selected Annexes (160 x 230 x 25mm - 620g) – details for Europe, and the MOST FREQUENTLY USED Offices:
● IP5 Offices: CN, EP, JP, KR, US and all regional Offices: AP, EA, EP, OA
● All EPC Contracting States, Extension States & Validation States
● All ISA’s, SISA’s, and IPEA’s, and the most used RO’s and DO/EO's in 2020
For EQE Candidates:
● These references were in force on 31 Oct 21, and are the official versions for EQE 2022 Main Exam & Pre-Exam. Answers at the EQE based on Applicant’s Guidelines should be supported by EPC/PCT Articles, Rules, GL/EPO, or GL/PCT-EPO Guidelines citations - IPREE R.22.
● The official WIPO EQE version is 2150 pages, and most of it will not be used. This abbreviated version adequately covers what could be asked. Additionally, it includes many of our useful PCT overviews to make answering efficient.
● Although the e-EQE will be held online, the WIPO website and PCT Applicant’s Guide will not be available electronically during the exam.
Changes in Part 1 compared to last year’s version:
● Overviews of States & Treaties combined, alphabetic country name list added at front and back
● Explanatory list of legal reservations from PCT.App added, indexed as footnotes to overview
● Added Practical Advices on Non-Unity, Erroneously-Filed Drawings, Delaying Entry
Inhoudsopgave
Part 1 of 2 - Overviews
● Part (1) contains basic info for all PCT states
General PCT and Relationships with Other Treaties
1. All PCT States: Roles as PCT Authorities, and States covered in Part (2)
2a. PC(Paris)/WTO/PCT States: Alphabetic Name List with 2-Letter Codes
2b. Treaties, Reservations, Incompatibilities (as footnotes)
2c. Footnotes a(1-19), n(1-22), p(1-6), r(1-31) from PCT.App reference
3. PCT States providing Protection via Regional Patent Treaties
4. All PCT States: Types of Protection available via PCT
5a. States with PPH (Patent Prosecution Highway) Agreements
5b. Example: PPH IP5 (CN, EP, JP, KR, US) program – OJ 2019, A106
---- Annex 1 Flowcharts: PPH Request to EPO based on IP5 national work products
---- Annex 2 Flowcharts: PPH Request to EPO based on IP5 PCT work product
6. Officially Recognized International Exhibitions – source: www.bie-paris.org
Claiming Priority and Restoration
7a. States and Offices Participating in DAS (for Exchanging Priority Docs)
7b. Practical Advice: Requesting Office of First Filing to Deposit – PCT NL 11/2019
7c. Practical Advice: Requesting IB to Retrieve from DAS – PCT NL 12/2019
8a. RO’s and DO/EO’s accepting Restoration of Right of Priority (with Notes)
8b. Practical Advice: Meeting “Due Care” Requirements for Restoration – PCT NL 02/2020
Dealing with Disruptions
9a. Practical Advice: Possible Remedies where Time Limits Missed – PCT NL 03/2020
9b. b. Example: Missed Time Limit for Filing A.19 Amendments – PCT NL 05/2020
10. Offices Excusing Delays due to Unavailability of Electronic Communication
11. Contingency Upload Service to IB (replaces FAX)
Filing at RO
12. States Restricting Foreign Filing due to National Security
13. States Requiring Indications to Biological Deposits on Filing – ANNEX L
14. All PCT States: Competent ISA’s for all RO’s
15. All PCT States: PCT Fees on 31 Oct 2021 (with Competent ISA’s for all RO’s)
16a. 90% Reduction in Filing Fee and IB Handling Fees for Search / Examination
16b. States qualifying for 90% Reduction (ALL applicants=nationals + residents)
16c. Example: 75% Reduction for Search/Examination Fees at EPO – OJ 2020, 91
17a. PCT REQUEST - Filing Form PCT/RO/101
17b. Notes to PCT REQUEST form
17c. Fee Calculation Sheet & Notes
18. States and Offices that Waived Power of Attorney Requirement – R.90.4, R.90.5
19a. Practical Advice: Furnishing Correct Claims after Erroneous Filing – PCT NL 07-08/2020
19b. Practical Advice: Incorp. by Ref. of Erroneously-Filed Drawings – PCT NL 07-08/2021
International Phase
20. Practical Advice: Responding to Non-Unity Objection by ISA – PCT NL 06/2021
21. Guidance on Filing Amendments under A.19 and A.34
22. Third-Party Observations after International Publication (FAQ’s)
23a. Practical Advice: Access by 3rd Parties to IPEA File – PCT NL 09/2020
23b. States & Offices Requesting IB to Furnish IPER to 3rd Parties – R.94.1(c)
24. AG-IP (Introduction to International Phase) - July 2020 version (in force on 31 Oct 20)
---- a. Detailed Table of Contents (with page numbers)
---- b. AG-IP (Introduction to International Phase)
---- c. Subject Index (no page numbers)
National / Regional Entry
25. National / Regional Entry Time Limits for ALL DO/EO’s
26. Practical Advice: Delaying some national entries by first entering a national phase early, and then withdrawing priority – PCT NL 03/2021
27. Reinstatement of Rights (R. 49.6) after Missing National Entry (FAQ’s)
28. AG-NP (Introduction to National Phase) - Aug. 2020 version (in force on 31 Oct 2020)
---- a. Detailed Table of Contents (with page numbers)
---- b. AG-NP (Introduction to National Phase)
---- c. Citation Index (Articles, Rules, Administrative Instructions)
29. PC(Paris)/WTO/PCT Members: Alphabetic Name List with 2-Letter Codes
Thuiswinkel Waarborg