Patent PCT Application India

The Patent Cooperation Treaty is an agreement				2. The description first repeats the title of the
for international cooperation in the field of patents.				invention. It then specifies the technical field to
It is the most significant advancement in				which the invention relates. It indicates the
international cooperation in this field since the				so-called “background art,” that is, the
adoption of the Paris Convention itself. It is,				technical and, in particular, patent literature,
however, largely a treaty for rationalization and				pertaining to that technical field, constituting the
cooperation with regard to the filing, searching and				“prior art” or “state of the art” or
examination of patent PCT applications and the				known technology for the newly filed application. It
dissemination of the technical information				discloses the intention in a way, which allows the
contained therein. The PCT does not provide for				technical problem and its solution to be
the grant of “international patents”. The				understood. It states the advantageous effects
task and responsibility for granting patents remain				of the invention as compared with the known
exclusively in the hands of the patent Offices of,				technology. It briefly describes the figures in the
or acting for, the countries where protection is				drawings. It sets forth the best mode
sought (the “regional Offices”). PCT is a				contemplated by the applicant for carrying out
special agreement under the Paris Convention				the invention and any other mode he wants to
open only to states, which are also party to the				include.
Paris Convention. The PCT does not compete				Finally, it indicates the way in which the invention is
with but, in fact, complements the Paris				capable of exploitation in industry.d) Sequence
convention.				Listing: -
Introduction:				1. Section 806 of PCT allows a designated Office
On 7th September 1998, India deposited its				to require that a copy of a sequence listing part
instrument of accession to the PCT and on 7th				filed only on an electronic medium under new
December 1998 thus became a member of the				Section 801 be furnished, for the purposes of the
PCT, as the 98th Contracting State of PCT.				national phase, on paper.
Furthermore, nationals and residents of India are				2. For applicants who do not wish to file the
entitled to file international applications for patents				sequence listing part of their international
under PCT at Receiving Office at Patent Office at				applications under new Section 801, the current
Delhi.				provisions will continue to apply, including the filing
Principal Objectives of the PCT				in written form only (under Rule 5.2) and the
The principal objective of the PCT is to simplify				concurrent or subsequent furnishing, as provided
and to render more effective and more				under PCT Rule 13ter and Section 208, of the
economical—in the interests of the users of				sequence listing parts in computer readable from
the patent system and the offices that have				but only for the purposes of international search
responsibility for administering it—the				and/or international preliminary examination. In
previously established means of applying in several				such cases the current system for calculating the
countries for patent protection for inventions.				basic fee, on the basis of the total number of
Before the introduction of the PCT system,				sheets of the international application including the
virtually the only means by which protection of an				sequence listing part, will continue to apply (see
invention could be obtained in several countries				item 1(b) of the Schedule of Fees).
was to file a separate application in each country;				3. It is important to note that international
these applications, each being dealt within isolation,				application filed under new section 801 may only
involved repetition of the work of the filing and				be filed with receiving Offices, which are prepared
examination in each country.				to accept them, and on such electronic media as
To achieve its objective, the PCT:				specified by the receiving Offices (for further
- Establishes an international system which enables				details pl. see PCT Applicant’s Guide).e) Claims:
the filing, with a single patent Office (the				1. The claims must define the subject matter of
“Receiving Office”), of a single application				the invention for which protection is sought. They
(the “International Application”) in one				must be clear and concise and fully supported by
language having effect in each of the countries				the description.
which are party to the PCT which the applicant				2. With respect to the structure and drafting of
names (“designates”) in his application;				claims, the PCT requirements are largely similar to
- Provides for the formal examination of the				what is accepted in most patent Offices.f)
International Application by a single patent Office,				Drawings:
the Receiving Office;				The drawings are only required where they are
- Subjects each International Application to an				necessary for the understanding of the invention.
international search which results in a report citing				This will be the case for an engineering type of
the relevant prior art (mainly published patent				invention. It will not be the case when an invention
documents relating to previous inventions) which				cannot be drawn, as is the case for a chemical
may have to be taken into account in deciding				product. Here again, the requirements are similar
whether the invention is patentable; that report is				to those of most patent Offices.g) Abstract:
made available first to the applicant and is later				1. The abstract is intended to serve the purpose
published;				of technical information. The Treaty says clearly
- Provides for centralized international publication				that it cannot be taken into account for any other
of International Applications with the related				purpose. This means in particular that it cannot be
international search reports, as well as their				used for the purpose of interpreting the scope of
communication to the designated Offices; and				the protection sought.
- Provides the option of an international preliminary				2. The abstract consists of a concise summary of
examination of the International Application, which				the disclosure of the invention as contained in the
gives to the Offices, that has to decide whether				description, claims and drawings in preferably
or not to grant a patent, and to the applicant, a				within 50 to 150 words. It must be drafted in a
report containing an opinion as to whether the				way, which allows the clear understanding of the
claimed invention meets certain international				technical problem, the gist of the solution of that
criteria for patentability. The procedure described				problem through the invention, and the principal
in the preceding paragraph, comparing it with the				use of the invention.h ) Language of filing
traditional procedure, is illustrated by two timelines				1. The International Application must be filed in the
such as chapter I and chapter II of PCT. It is				language, or one of the languages, which the
commonly called the “International Phase”				Receiving Office accepts for that purpose (Rule
to describe the first part of the patenting				12.1(a)). If the application is filed in any receiving
procedure, whereas one speaks of the				office in India it has to be either in English or Hindi.
“National Phase” to describe the last part				Neither the Treaty nor the Regulations enumerate
of the patent granting procedure which, as				the languages in which International Applications
explained in paragraph above, which is the task of				may be filed. Whether a given language can be
the designated Offices, that is, the national Offices				used depends on the readiness of the Receiving
of, or Regional offices acting for the countries				Office to accept International Applications in that
which have been designated in the International				language. Each Receiving Office must, however,
Application. (In PCT terminology, a reference to				accept at least one language for the filing of
“national” Office, “national” phase				International Applications which is both a language
and “national” fees, includes the reference				accepted by the International Searching Authority
to the procedure before a regional patent Office).				or, if applicable, by at least one International
Under the PCT system, by the time the				Searching Authority, competent for the
International Application reaches the national				international searching of International Applications
Office, it has already been searched by the				filed with that Receiving Office and one of the
International Searching Authority and possibly				languages of publication (that is, Chinese, English,
examined by an International Preliminary Examining				French, German, Japanese, Spanish or Russian), so
Authority, thus providing the national patent				that applicants always have the option of filing the
Offices with the important benefit of reducing				international search or international publication
their work loads since they have the benefit of				purposes; in other words, either words, either the
these international phase procedures and thus				International Application in its original language or
need not duplicate those efforts. Further				the translation will be sufficient for the processing
objectives of the PCT are to facilitate and				by the Receiving Office, for international search
accelerate access by industries and other				and for international publication.
interested sectors to technical information related				2. If the language of filing of the International
to inventions and to assist developing countries on				Application is the one acceptable by the Receiving
gaining access to technology.				Office but is not accepted by the International
Functions of The Receiving Office				Searching Authority, the applicant is required to
1. The first step is that the Receiving Office				furnish, within one month from the date of
receives the International Application from the				receipt of the application, a translation into a
applicant. An patent PCT application for the same				language which is all of the following: (i) a language
invention has to be filed six weeks or necessary				accepted by the International Searching Authority
permission under section 39 should be taken				that is to carry out the international search; (ii) a
before the filing of International Application.				language of publication; and (iii) a language
2. The second step is that the Receiving Office				accepted by the Receiving Office (unless the
checks the International Application to determine				International Application is filed in a language of
whether it meets the prescribed requirements as				publication) (Rule 12.3).
to form and content of International Applications.				3. If the language of filing of the International
This check is of a formal nature only and does				Application is accepted by the Receiving Office
not go into the substance of the invention. It				and the International Searching Authority but is
therefore extends only to a certain number of				not a language of publication (at present, this is
rather elementary requirements specified in the				the case only where the International Application
Treaty as forming part of that check.				is filed in Dutch and certain Nordic languages), the
3. i) The receiving Office shall accord as the				International Application will be published in English,
international filing date the date of receipt of the				the translation into that language being prepared
international application, provided that that Office				under the responsibility of the International
has found that in order in accordance with Article				Searching Authority which undertakes the search
11, at the time of receipt:ii) (a) If the receiving				(see Rule 48.3).
Office finds that the international application did				4. The request must always be filed in a language
not, at the time of receipt, fulfill the requirements				that is accepted by the Receiving Office and
listed in paragraph (1), it shall, as provided in the				which is also one of the seven languages of
Regulations, invite the applicant to file the required				publication
correction.				International Search.
(b) If the applicant complies with the invitation, as				A high quality international search report is
provided in the Regulations, the receiving Office				established by the International Searching
shall accord as the international filing date the date				Authority. For the purpose of Indian applicant
of receipt of the required correction.				following are Competent International Searching
4. Receiving Office checks certain formal and				Authorities( ISAs)
physical requirements (Article 14).				Austrian Patent Office (AT)
That check by the Receiving Office may show				Australian Patent Office (AU)
that the International Application does not meet				European Patent Office (EP)
certain requirements as to form and content and				China Intellectual Property Office (CN)
that the fees are not, or not fully, paid. In that				United States Patent & Trademark Office
case, the Receiving Office communicates with the				(US)
applicant in order to give him an opportunity to				Swedish Patent Office (SE)
correct any defect.				2. If the International Application did not claim any
6. If the language of filing of the International				priority, the international search report is available
Application is one acceptable by the Receiving				within nine months from the international filing
Office but is not acceptable by the International				date, If priority is claimed, that report is available
Searching Authority that is to carry out the				usually during the 16th month from the priority
international search, the applicant is required to				date. Even where priority is claimed, the
furnish, within one month from the filing date of				international search report is normally available in
the application, a translation into a language which				time before publication of the International
is all of the following: (i) a language accepted by				Application. This allows time for the applicant to
the International Searching Authority that is to				withdraw the application before publication, if
carry out the international search; (ii) a language				desired.
of publication; and (iii) a language accepted by the				PCT FEES (may vary from time to time)
Receiving Office (unless the International				Receiving Office (RO/IN) (The Patent Office,
Application is filed in a language of publication). In				Kolkata, New Delhi, Mumbai and Chennai)
cases where the applicant fails to furnish, within				Transmittal fee: INR 2,000 [for individual(s)] , INR
the applicable time limit, a translation for the				8,000 [for legal entity]ii. International Fee: USD
purposes of international search, the Receiving				1134* USD 1211 (from 1-3-2005)iii. Supplement per
Office invites the applicant to furnish the missing				sheet in excess of 30: USD 12* USD 13 (from
translation, in certain cases subject to the				1-3-2005)
payment of a late furnishing fee. A separate				(* Amounts on 1 February 2005 unless otherwise
invitation procedure is provided for the case				indicated).iv. Search fee: (Amounts on 1 February
where the request does not comply with language				2005, unless otherwise indicated)
requirements. Where the applicant does not				ISA/AT – USD 182 USD 214**
furnish the missing translation within the time limit				ISA/EP – USD 1920** USD 2,075*
fixed in the invitation, the International application				ISA/AU – USD 865
will, subject to certain safeguards for the				ISA/CN – USD 181
applicant, be considered withdrawn and the				ISA/US – USD 1000 USD 300***
Receiving Office will so declare.				ISA/SE – USD 1920 USD 2,075*vi. Fee for
7. Not all the requirements of the International				preparing certified copy of priority document and
Application are required to be examined by the				transmission of the same to IB
Receiving Office. For instance, the Receiving				INR 1,000 [for individual(s)] INR 4000 [for legal
Office does not deal with substantive questions				entity]
such as whether the disclosure of the invention in				(* from 15-3-2005,
the application is sufficient and whether the				** from 1-3-2005)
requirement of unity of invention is complied with.				Failure to pay fees or underpayment of fees can
It also does not check all the many detailed				be corrected under Rule 16b. An invitation to
physical requirements of the International				pay missing amounts will be issued by the
Application. Those requirements are only checked				Receiving Office. Payment can be made later,
to the extent that compliance with such				together with a late payment fee.
requirements is necessary for the purpose of				(*** -- Refer PCT Fee Tables [Footnotes to Fee
reasonably uniform international publication.				Tables Para.18])
8. Typical examples of defects, which may be				An Indian applicant, filing an International
corrected without affecting the international filing				Application for Patent under Patent Cooperation
date, are:				Treaty, is required to remit the consolidated
– Non-payment or partial payment of fees;				amount in US Dollar by Demand Draft, payable to
– Lack of signature of the request;				the Controller of Patents at State Bank of India,
– Lack of a title of the invention;				New York Branch, for payment towards basic
– Lack of an abstract;				fee, designation fee and search fee.The required
– Physical defects.				fees, which must be paid to receiving office, are
9. As stated, in all such cases lack of correction				the Transmittal Fee, the International Fee and the
leads to the application being considered				Search Fee. They must all be paid to the
withdrawn, except where a physical defect would				Receiving Office.
not prevent reasonably uniform international				The Transmittal Fee is for the benefit the
publication and except for the payment of fees.				Receiving Office. It is intended to compensate
With regard to the later, Rule 16b provides that				that Office for the work, which is required to be
the Receiving Office must invite the applicant to				performed in connection with the International
pay the missing fees together with a late				Application. The amount is left to be fixed by the
payment fee. If the applicant still does not pay				Receiving Office. It is due within one month from
the fees within the time limit fixed in the invitation,				the date of receipt of the International Application.
the Receiving Office will declare that the				The International Fee is for the benefit of the
International Application is being considered				International Bureau. It is intended to cover the
withdrawn. This solution protects the applicant				cost of the work the International Bureau must
against any loss of his application due to an				perform under the PCT. The amounts are fixed in
erroneously delayed or incomplete payment of				the Schedule of Fees, which forms part of the
fees.				regulations. The international fee is due within one
10. The third step in the procedure before the				month from the date of receipt of the
Receiving Office is that it must transmit the				International Application. The Search Fee is for the
“record copy” of the International				benefit of the International Searching Authority. It
Application to the International Bureau and the				is intended to compensate that Authority for the
“search copy” to the International				work it must perform in connection with the
Searching Authority. The Receiving Office keeps a				establishment of the international search report. It
third copy, the “home copy.” The				is due within one month from the date of receipt
transmittals do not take place if and as long as				of the International Application. The amount is
national prescriptions concerning national security				fixed by the International Searching Authority.
apply. The Receiving Office will then declare that				Withdrawal of the application
national security provisions prevent the				An International Application can be withdrawn at
International Application from being treated as				any time during the international phase. Where the
such.				intent of the withdrawal is to prevent publication,
11. The Receiving Office must mail the record				the notice of withdrawal must reach the
copy promptly to the International Bureau and in				International Bureau before technical preparations
any case not later than five days prior to the				for international publication have been completed
expiration of the 13th month from the priority				(that is, not later than 15 days before the date of
date. In many cases, the International Application				publication).
claims the priority of an earlier national application				2. A withdrawal of an International Application can
and is filed at the end of the 12-month priority				be made with the condition that the withdrawal
period; the Receiving Office has only a few				be effective only if the international publication can
weeks for its processing tasks				still be prevented.
12. The search copy must be transmitted by the				Amendments:
Receiving Office to the International Searching				1.The claims can be adjusted to the results of the
Authority at the time of the transmittal of the				international search report by amending them
record copy to the International Bureau except				once (under Article 19) with effect in all
where the search fees has not been paid on time,				designated States. Such amendments save costs
in which case the transmittal of the search copy				for preparation of different sets of amendments
takes place after that fee has been paid.				and for local agents filing such amendments
13. If an applicant who is a resident or national of				before designated Offices, and guarantee better
a PCT Contracting State; erroneously files his				provisional protection and patents in registration
International Application with a national office				countries. Individual amendments before each
which acts as a Receiving Office under the				designated Office are also permitted in the
Treaty but which is not competent under Rule				national phase (under Article 28 or 41) and all
19.1 or 19.2, having regard to the applicant’s				parts of the application can be amended (under
residence and nationality, to receive that				Article 34(2)) during the international preliminary
International Application, or if an applicant files his				examination procedure under Chapter II.
International Application with the competent				International Preliminary Examination (Optional)
Receiving Office in a language which is not				The following are Competent International
accepted by that Office under Rule 12.1(a) but is				Preliminary Examining Authorities [IPEAs] for the
in a language accepted under that Rule by the				purpose of Indian applicant:]
International Bureau as Receiving Office, the				Austrian Patent Office (AT)
International Application will be considered to have				Australian Patent Office (AU)
been received by the national Office on behalf of				European Patent Office (EP)(only if ISA was AT,
the International Bureau as Receiving Office on				EP or SE)
the date on which it was received by the national				China Intellectual Property Office (CN)
Office, and will be promptly transmitted to the				United States Patent & trademark office
International bureau as Receiving Office (unless				(US)
such transmittal is prevented by national security				Swedish patent Office (SE)
prescriptions). The transmittal may be subjected				2. The use of International Preliminary Examination
by the national Office to the payment of a fee				(i) Is optional for the applicant;
equal to the transmittal fee. All other fees already				(ii) Provides, in addition to the international search
paid to that Office will be refunded by that Office				report, an international preliminary Examination
to the applicant and the applicable fees will have				report containing an opinion on the usual criteria of
to be paid to the International bureau as Receiving				patentability before expenses are incurred for the
Office				national phase (for translation, fees and foreign
The following conditions should be fulfilled for				agents);
according an international filing date:				(iii) Helps the applicant to adapt the International
The applicant should be a resident or national of				Application to the results of the international
the Contracting State for which the Receiving				search report;
Office acts, and has consequently the right to file				(iv) Allows, with effect for all elected Offices, the
with that Receiving Office (note, however, that				amending of all parts of the International
the International Application is to be transmitted				Application (description, claims and drawings) during
to the International Bureau as Receiving Office				international preliminary examination;
under Rule 19.4(a)(i) if that condition is not fulfilled);				(v) The international preliminary examination
(ii) The International Application should be in the				report gives, for minimal cost, an opinion and the
language, or one of the languages, accepted by				probability of obtaining a patent:
the Receiving Office for the purpose of filing				(viii) The application will be more or less ready for
International Applications (note, however, that the				acceptance by the elected Offices after receiving
International Application is to be transmitted to				international preliminary examination report.
the International Bureau as Receiving Office under				(ix) If the report is negative and it is decided to
Rule 19.4(a)(ii) if that condition is not fulfilled);				abandon the application, the applicant has saved all
(iii) The International Application should contain at				the expenses otherwise incurred before the
least the following elements: (a) an indication that				elected Offices for the payment of national fees,
it is intended to be an International Application, (b)				the preparation of translations and the
the designation of at least one Contracting				appointment of local agents.
State(c) the name of the applicant in a form				Preliminary examination fees (Amounts on 1
allowing the applicant’s identity to be				February 2005 unless otherwise indicated)
established, (d) a part which on the face of it				IPEA Preliminary examination fee Handling fee
appears to be a claim or claims.				(CHF 200)
(iv) If one of these requirements is only complied				AT EUR 159 EUR 129
with after correction, the international filing date				AU AUD 550 1000** AUD 218
will be the date on which the correction was				CN CNY 1,500 CNY eq CHF 200
received. In other words, in these cases a defect,				EP EUR 1,530 EUR 129
which is corrected later, affects the international				SE SEK 5,000 SEK 1,160
filing date. If all such defects are not properly				US USD 600 USD 162 173 (From 1-3-2005)
corrected, the application will not be treated as an				(** Refer PCT Fee Tables (footnotes to Fee
International Application.				Tables para.20.)
(v) For all the other cases, non-compliance with				The National Phase
the formal requirements does not affect the				1) The national phase follows the international
international filing date. In other words, if the				phase. In the national Phase before processing and
applicant corrects a defect in such cases, the				examination in the designated or elected Offices,
international filing date remains unchanged. If the				the applicant must perform certain acts thereby
applicant does not correct, the defect properly,				effecting “entry into the national phase.” If
the International Application will, however, be				the applicant does not enter the national phase,
considered withdrawn by the Receiving Office.				namely, if he does not perform these acts within
Extension of the time limit fixed by the Receiving				the prescribed time limit, the International
Office for the correction of defects under Article				Application loses its effect in the designated or
14 may be requested.				elected States concerned with the same
Monitoring of time limits				consequences as the withdrawal of any national
Easy supervision and monitoring of only a few				application in that State (Article 24).
time limits and events is required by applicants,				2. For entry into the national phase before a
namely:				designated or elected Office (if Preliminary
(i) Monitoring the receipt of the confirmation of				examination is undertaken and countries elected),
receipt of the International Application by the				it is necessary that the national fee be paid to it
Receiving Office;				and, where the International Application has not
(ii) Monitoring the time limits for payment of fees;				been filed or published in the official language, or
(iii) Checking the notification from the International				one of the official languages of that Office, a
Bureau confirming the receipt of the International				translation into an official language be filed. The
Bureau confirming the receipt of the record copy				time limits for entry into the national phase are, in
(Form PCT/IB/301) for correctness of the				some Offices, even longer than 31 months.
designations indicated on the Form and if needed				3. The national fees to be paid are usually same
and confirm precautionary designations within 15				as the fees required for the filing of a national or
months from the priority date;]				regional application. Some Offices, not in India
(iv) Deciding, after receipt of the international				however, levy lower national or regional filing,
search report, whether or not to file a demand				search or examination fees, or refund certain
for international preliminary examination (which				fees, on account of the existence of the
must be filed prior to the expiration of 19 months				international search report or where an
from the priority date.				international preliminary examination report has
(v) Deciding, after receipt of the international				been established. This offsets, at least partly, the
search report, whether or not to file amended				costs of filing an International Application.
claims under Article 19, within the applicable time				4. Where the original drawings are of a good
limit; This will usually be considered only if demand				quality, the applicant is not required to file
for international preliminary examination is not				additional formal drawings with the Designated or
filed;				Elected Offices, permitting substantial economies
(vi) Monitoring the receipt, during the 19th month				in some cases. It is therefore important to file
from the priority date, of the notice from the				drawings with the Receiving Office that fully
International Bureau (Form PCT/IB/308) that the				comply with the format requirements of the
publication of the International Application and its				Regulations under the PCT.
communication to the designated Offices (Article				5. Where the priority of an earlier application is
20) has been effected; (vii) entering the national				claimed and a certified copy of that application has
phase before the expiration of 30/31 months				been provided, it is not necessary to submit a
from the priority date by paying the national fees				certified copy of the priority document to each
and furnishing (if required) a translation of the				designated or elected Office. The International
International Application.				Bureau sends any required copies of the priority
Filing of the International Application:a ) Request				document to the Offices concerned.
form (PCT/RO/101)				Legal Remedies; Protection against Loss of Rights
1. International Application must be filed with any				Where, as a result of a mistake which was not
of the receiving offices i.e. Patent office, Kolkata,				timely corrected, an International Application is
New Delhi, Mumbai, and Chennai(RO/IN) or				considered withdrawn, the applicant may request
International bureau (RO/IB) of WIPO. The				review of that decision by each of the designated
request form and the documents attached				Offices. In addition to requesting review, the
therewith should be in triplicate.				applicant has the opportunity to submit at the
2. The International Application must contain a				same time, to each designated Office, a request
request, a description, one or more claims, one or				for excuse of failure to comply with a time limit.
more drawings (where required) and an abstract;				The legal basis of, and the conditions for, such a
it must comply with the prescribed physical				request are to be found in the applicable national
requirements; it must be in one of the prescribed				law or regional convention, which applies equally to
languages; finally, the required fees must be paid.				International Applications. Where that law or
These requirements will be dealt with one by one.				convention provides for reinstatement, this can be
3. The request may be made on a printed form,				requested. Where there is a possibility of
copies of which can be obtained free of charge				requesting further processing of the application,
from the Receiving Office or from the				this can also be done. Procedural safeguards are
International Bureau of WIPO. The request may				thus available in each designated State to PCT
also be presented as a computer printout as				applicants in the same way, as they are to
prescribed by Section 102(h) of the Administrative				applicants for national or regional applications not
Instructions or, alternatively, as a computer				made via the PCT.
printout prepared using the PCT-SAFE				Preparation of Patent Applications
(PCT-EASY) software, in which case it must be				1. Any patent application, drafted in accordance
accompanied by a computer diskette containing a				with the requirements of the PCT, allows a
copy in electronic form of the data contained in				maximum flexibility and benefit from the
the request and of the abstract. Online application				advantages of the PCT:
filing also is possible now.				(i) The same application documents can then be
4. The request must first of all contain a petition,				used for filing national and/or SJinternational
that is, a request that the International Application				applicants;
be processed according to the PCT. It must				(II) No adaptation of the original application is then
further contain the title of the invention, the				required in a much as the PCT format is valid for
necessary data concerning the applicant, the				all designated Offices (including the EPO, the
inventor and the agent representing the applicant.				Japanese Patent Office and the United States
It must be signed by the applicant or his agent.				Patent and Trademark Office).
Where there are two or more applicants, each				Fee savings. National fees are reduced or
applicant must sign at his choice either the				completely dispensed with for the procedure
request or, if the request is signed by an agent, a				before some Offices which provides considerable
separate power of attorney.				savings, for example:
5. The request may contain some optional				European Patent Office (EPO): –
indications, in particular a priority claim according to				European search fee waived if international search
the Paris Convention for the Protection of				report by AT, EP, ES, SE; 20%reduction of
Industrial Property.b) Priority				European search fee if search report by AU, CN,
1. Only one certified copy is required of each				JP, RU, US; – 50%reduction of European
priority of the application and to be furnished				examination fee if international preliminary
within 6 months from the filing date; no copies for				examination report by EP.
each designated Office are needed. The copies				German Patent Office:
for the designated Offices are prepared—at no				– Filing fee waived if the Office was the
additional cost to the applicant—by the				Receiving Office;
International Bureau.				– Examination fee reduced if an international
2. Transmittal of the priority document need not				search report has been established.
be monitored if a request for transmittal by the				Hungarian Patent Office:
Receiving Office to the International Bureau of an				– Filing fee waived if the Office was the
application filed with that Receiving Office was				Receiving Office;
made in the Request Form and the applicable fee				Japanese Patent Office:
for a priority document was paid to the Receiving				– Approximately 80% reduction of
Office.c) Description				examination fee if international search report
1. The description of the invention in the				established by JPO;
International Application must disclose the				– Approximately 20% reduction of
invention in a manner sufficiently clear and				examination fee if international search report
complete for the invention to be carried out by a				established by ISA other than JPO.
person skilled in the art.

Rubicon Med

Patent PCT Application India