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Amendments to PCT Regulations as in force from July 1st , 2016

发布时间:2016.08.10

The proposed amendments to Regulations under the PCT have been agreed to and adopted at the 47th Session of the Assembly of the International Patent Cooperation Union (PCT Assembly), with effect from July 1st, 2016. The amendments related to the compliance of usage of expressions in the international application, restoration of right of priority, omission of content of international publication or public file access, excuse of delay in meeting time limits, languages for correspondence, etc.

The main points in the recent amendments are as follows:

(1) Amendment to PCT Rule 9.2

Extension of Rule 9.2 to the International Bureau and Supplementary International Search Authorities to suggest to the applicant to correct the PCT application before publication if it contains certain expressions defined under Rule 9.1.

(2) Amendment to PCT Rule 26bis.3

Obligation of the Receiving Office to forward to the International Bureau all documents received from the applicant in relation to a request to restore the priority right, with the exception that the Receiving Office shall not forward information, upon reasoned request by the applicant or on its own decision.

(3) Amendment to PCT Rules 48 and 94

The International Bureau shall, upon a reasoned request by the applicant received by the International Bureau prior to the completion of the technical preparations for international publication, omit from publication any information as not proper for publication (Rule 48) or public file access (Rule 94). And the International Bureau shall also promptly notify that Office and Authority accordingly.

(4) Amendment to PCT Rule 82quater.1

Extension of force majeure provisions to time limits missed due to “general unavailability of electronic communication services” whereras requirements have also been specified for the newly added excuse to apply.

(5) Amendment to PCT Rules 92.2

Expansion of the accepted languages of communication from the applicant to the International Bureau through ePCT to the particular language of publication (in addition to English and French).

The above amendments took effect as from 1 July 2016 for applications filed on or after that date, which are considered to be better catering to the actual needs of the applicants by facilitating more flexible dealings for various problems and situations faced by the applicants.