International phase adds up to 2.5 years to the procedure. 5.130. 5.123. CH-1211 Geneva 20, Switzerland. 5.129. As a preferred alternative to a difference in proportion within one figure for the purpose of achieving the necessary clarity, a supplementary figure should be added giving a larger scale illustration of the element of the initial figure. 5.119. The advantage of applying for an international application is that initially, only one application and … The PCT system comprises a single, international phase, followed by one or more national phases. The applicant can enter the national phase by filing a PCT national phase application with the national Patent Offices, which were designated in the PCT International Application while filing the International Phase. If, for example, the invention relates to the fixing of an elastic diaphragm in a diaphragm pump, a figure - generally the first - may represent the entire pump, as improved by the invention, the details of which will then be given in the other figures. 1.1. International phase and entry into the European phase Guide for applicants 13th edition Updated to 1 January 2020. n Contents A. II: Applicant(s)Box No. As regards the figure or, exceptionally, figures to accompany the abstract, see. In industrial drawings, the cross-section is that part of the object which is behind the cutting surface from the point of view of the person looking at it. 7B). The international application must comply with certain physical requirements, such as requirements concerning fitness for reproduction, the paper to be used, the manner of writing (generally typewritten or printed), etc. However, the applicant will not need to furnish a copy of the earlier search results in the following cases: - where the earlier search was carried out by the same Authority or Office as that which will act as the International Searching Authority; - where the earlier search was not carried out by the International Searching Authority indicated in Box No. General; The Request; Box No. For the purposes of those designated States where that different manner of claiming is not permitted, the applicant must decide which drafting style to adopt. Introduction to the International Phase Subject to what is said in the following paragraph, the other main effect of an international application is that, normally, no designated Office may process or examine the international application prior to the expiration of 30 months from the priority date (for the definition of “priority date”, see, 5.006. In cases where, instead of the international search report, a declaration under. 5.141. when you file an International patent application to pct Unlike the previous (convention application) option, your international patent application is valid for all 138 member countries of PCT (that is up to the international phase) and here you have about 30 to 31 months of time to decide whether to enter into the national phase of the country of the interest. 5.146. The National Phase follows the International Phase and consists processing the PCT National Phase application in the respective patent offices of the country where the Applicant wishes to enter. 1, while the corresponding feature would be indicated by “215” in Fig. The International Phase in turn incldues five stages of which the first three are automatic and compulsory, whereas the remaining two are optional. IV: Basis for Supplementary International Search, Box No. The PCT national phase application is a one-time submission to apply for a patent through member states of the Patent Cooperation Treaty (PCT). 5.070D. 34, chemin des Colombettes If the agent or common representative has authorized either the sending of advance copies of notifications by e-mail or the sending of notifications exclusively by e-mail by marking the corresponding check-box in Box No. IV of the. Applicants may have a choice between several receiving Offices, for example, where there are two or more applicants whose States of nationality and residence include more than one Contracting State, or where a sole applicant has nationality and/or residence in more than one Contracting State. In use, the international application as filed under the PCT is treated as corresponding patent application in India. For details on the completion of Box No. If an international application relating to a product, particularly a compound or composition, also contains significant disclosure of its method of preparation or use, this matter should also be abstracted. The appointment of a new agent is treated as revocation of any former appointment of agents, unless otherwise indicated in the power of attorney appointing the new agent. You only need to elect the countries - and thus start national phase - within 30 months (2.5 years) after the priority date. 5.122. IX the number of that figure of the drawings (if any) which is suggested to accompany the abstract for publication (see, 5.095. (i) The transmittal fee is fixed by, and accrues to, the receiving Office for the performance of its tasks in connection with the receipt and checking of the international application, and for the transmittal of copies of it to the International Bureau and the International Searching Authority. In the case of large areas, hatching can be confined to an edging drawn around the inside of the outline of the area to be hatched. Exploded views, with the separated parts of the same figure embraced by a bracket, to show the relationship or order of assembly of various parts, are permissible. The sheets must not contain frames around the usable surface. One figure should not be placed upon or within the outline of another figure. The Nordic Patent Institute (XN) is a cooperation between the patent authorities in Denmark, Norway and Iceland. Chemical or mathematical formulae appearing in the text of the international application must have symbols the capital letters of which are at least 0.28 cm high. II and III: Applicants; InventorsBox No. The international phase consists of up to five stages: – The filing of the international application with, and its processing by, the receiving Office. One of the most important features of PCT is the first part of the PCT procedure, called "international phase". This single, uniform patent application is what is referred to as the international application. This check-box must be marked only in special cases where the applicant is not an applicant for all designated States. PCT applications are automatically subject to both search and examination. 5.037. The PCT system comprises a single, international phase, followed by one or more national phases. So the clock carries on ticking based on the earliest priority date, and if that priority date was included on the PCT Request Form – it remains as the date from which all subsequent deadlines are to be calculated. Where any name or address is written in characters other than those of the Latin alphabet (for example, Chinese, Cyrillic or Japanese), it must be transliterated or translated into English. X: Signature of Applicant or AgentNotes to the Request FormFee Calculation Sheet, CHAPTER 6: PROCESSING OF THE INTERNATIONAL APPLICATION BY THE RECEIVING OFFICE, CHAPTER 7: THE INTERNATIONAL SEARCH PROCEDURE: PROCESSING OF THE INTERNATIONAL APPLICATION BY THE INTERNATIONAL SEARCHING AUTHORITY, CHAPTER 8: SUPPLEMENTARY INTERNATIONAL SEARCH, Box No. 5.190. An international application which has been accorded an international filing date is the equivalent of a “regular national filing” within the meaning of the. 5.167. Applications containing a reference to biological material . It is referred to as the "Euro-PCT Guide" to distinguish it fromthe PCT Applicant's Guide published by WIPO ("WIPO PCT Guide"). Any receiving Office, International Searching Authority, International Preliminary Examining Authority or the International Bureau may waive the requirement that a separate power of attorney be submitted to it. I: … 5.166. CHAPTER 3: THE INTERNATIONAL PHASE AND THE NATIONAL PHASE OF THE PCT PROCEDURE. The national phase starts, upon completion of the international phase, if the applicant decides to continue processing the application before the regional or national patent offices with the aim of obtaining regional or national protection. Severalchanges have been made to the latest edition of the Guide besides the yearly updateof the information: 1. For the case where an international application is not filed in a language accepted by the receiving Office with which it is filed, see, 5.017. Let us now briefly understand the overview of the PCT International Phase procedure. Where, for example, each of three applicants is applicant for different States, the indication of the States for which each of the two further applicants identified in a sub-box of Box No. IX: Check ListBox No. The requirement of unity of invention is discussed, in connection with the claims, in. For the request to restore the right of priority to be successful, the following requirements must be met: - the international application must contain a priority claim to an earlier application. Consequently, if it is not possible to place reference signs outside the hatched area, the hatching may be broken off wherever reference signs are inserted. If none of the figures is found useful for the understanding of the abstract, no figure need be indicated in the check list. Where an invention concerns improvements to details of existing devices and machines, a general figure may be desirable to indicate where on the device or machine the improvement is situated, in order to ensure that the drawings are readily understood. The main advantages of the PCT procedure, also referred to as the international procedure, are that (a) it allows the filing of a single patent application, replacing the need for filing a multiplicity of separate applications, with a procedure taking place in a predictable way; (b) the international search and, optionally, the international preliminary examination "give applicants a better basis for deciding whether and in which countries to further pursue their applications", thus allowing "for better management of pat…

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