Chapter 1. Beneficiaries
- the nationality of a State Party to both the EPC and the PCT or
- home or headquarters in a State party to both the EPC and the PCT.
Today, all EPC member states are also members of the PCT.
|State Code||state||PCT Membership||CBE membership|
|AE||United Arab Emirates||10/03/1999|
|AG||Antigua and Barbuda||17/03/2000|
|BA||Bosnia and Herzegovina||07/09/1996|
|CF||Central African Republic||24/01/1978|
|IR||Islamic Republic of Iran||04/10/2013|
|KN||Saint Kitts and Nevis||27/10/2005|
|KP||Democratic People's Republic of Korea||08/07/1980|
|KR||Republic of Korea||10/08/1984|
|THE||Lao People's Democratic Republic||14/06/2006|
|MD||Republic of Moldova||25/12/1991|
|MK||The former Yugoslav Republic of Macedonia||10/08/1995||01/01/2009|
|N / A||namibia||01/01/2004|
|PG||Papua New Guinea||14/06/2003|
|ST||Sao Tome and Principe||03/07/2008|
|SY||Syrian Arab Republic||26/06/2003|
|TT||Trinidad and Tobago||10/03/1994|
|TZ||United Republic of Tanzania||14/09/1999|
|US||United States of America||24/01/1978|
|VC||Saint Vincent and the Grenadines||06/08/2002|
Chapter 2. Conditions
Section 2.1. Filing language
The provisions of theA14 (2) EPC allowing to deposit in any language do not work here (the PCT is not compatible with the PLT).
Section 2.2. Number of copies
It is not necessary to file the PCT application in more than one copy (A151 EPC together R157 (2) EPC together "Decision of the President of the European Patent Office dated 8 June 2006 concerning the number of copies required of the documents of the international patent application for which the European Patent Office (EPO) acts as an Office receiver within the meaning of the Treaty of Cooperation (PCT)” , OG 2006, 439).
The same applies to all the documents mentioned in the list of the R3.3.a.ii PCT :
- a power (that is, a document designating an agent or a common representative),
- a copy of a general power,
- a priority document,
- a sequence listing in electronic form,
- a document relating to the payment of taxes, or
- any other document (to be specified in the list).
Section 2.3. Transmission fee
The filing of a PCT application gives rise to the payment of a transmittal fee which must be paid under 1 month from the filing date (A151 EPC together R157 (4) EPC in accordance with R14.1.c PCT): 130 € (A2 (1) .18 RRT true A3.4.iv PCT together R14.1.b PCT).
Chapter 3. Place of deposit
Section 3.1. Principle
The application can not be filed with an administration of a Contracting State if one wishes to have the EPO as RO (except in the case of national defense).
Section 3.2. National Defense Case
The national legislation of a State may provide for specific provisions concerning national defense (eg first filing with the competent State authority, prior authorization) (A151 EPC together R157 (1) EPC together A75 (2) EPC) in accordance with A27.8 PCT).
3.2.2. Transmission to the EPO
If, for reasons of national defense, the applicant is obliged to file the PCT application with a competent authority of a Contracting State, the latter must transmit it to the EPO, a true RO, no later than 2 weeks before the expiry of the 13th month following the priority date (A151 EPC together R157 (3) EPC) so that it is able to fulfill its obligations.
Chapter 4. Deposit Methods
Section 4.1. Filing by paper (by mail or on site)
Section 4.2. Fax filing
As with the filing of an international application, it is possible to fax the patent application to the EPO, on the fax of the offices of Berlin, Munich and The Hague ( 'Decision of the President of the European Patent Office dated 20 February 2019 concerning the filing of patent applications and other documents by telefax", OJ 2019, A18).
On the fax, it must be stated that the application documents were sent separately on paper ("Decision of the President of the European Patent Office dated 20 February 2019 concerning the filing of patent applications and other documents by telefax", OJ 2019, A18 ).
If no paper part is received, the EPO invites the applicant to produce these parts within 2 months.
If the applicant does not respond to this invitation, the fax is deemed not received, c & #8217; i.e. the request is deemed withdrawn (R92.4.gi PCT).
Section 4.3. Electronic filing
Electronic filing of deposit coins is possible
- via EPOLINE / CMS / online form (R89bis.1.a PCT together R2 (1) EPC and the "Decision of the President of the European Patent Office dated 9 May 2018 concerning the electronic filing of documents” , OJ 2018, A45);
- via the system ePCT-Filing (R89bis.1.a PCT together R2 (1) EPC and the "Decision of the President of the European Patent Office dated 24 October 2014 concerning the filing, by means of ePCT-Filing, of international applications at the EPO as receiving Office” , OY 2014, A107).
For subsequent filings (R89bis.2 PCT), it is possible to use the EPOLINE PCT-SFD plug-in ("Notice from the European Patent Office dated 17 April 2014 concerning the online filing of PCT-produced material at a later date” , OY 2014, A50).
Chapter 5. Commenting "PCT-Direct"
Section 5.1. terms
When filing an international application, it is possible to submit comments in response to the written opinion of the search report of the priority application ("Notice from the European Patent Office dated 8 March 2017 concerning the processing of informal comments on the results of previous searches by the EPO acting as International Searching Authority ("PCT Direct")“, OJ 2017, A21, point 2.2), if:
- the EPO is ISA for this international application;
- the EPO has completed the search report of the priority application.
Section 5.2. Form
These comments should take the following form ("Notice from the European Patent Office dated 8 March 2017 concerning the processing of informal comments on the results of previous searches by the EPO acting as International Searching Authority ("PCT Direct")“, OJ 2017, A21, point 3):
- Comments are submitted via a separate letter entitled "PCT-Direct / informal comments"
- a set of apparent trademark claims must be provided if necessary (as an appendix of comments, in the same PDF);
- the words "PCT Direct / informal comments" should be indicated:
- in point 11 "Other elements" in case of filing on paper;
- in the form of a remark in the case of electronic filing.
- the comments must be sufficient on their own (ie they must be understandable without having the research report or any other element of the file).
Section 5.3. Treatment
Contrary to the previous practice (before 2017), the written opinion will refer to the PCT Direct letter and treat its content, insofar as it is relevant to the international search procedure.
The letters PCT Direct will be publicly available on WIPO's PATENTSCOPE portal.