PCT.App - major update. Sep 2020 edition is now 58 pages shorter. Also in GERMAN.

Last year, we introduced the first version of my PCT legal reference on the IP.appify platform. After months of evaluation and feedback from many users, we have optimised the layout for printing. Although multiple clickable references and repeating provisions verbatim are useful online for quick navigation, they are often distracting in the print version, and made the paper book longer than it needs to be:

• Repeated side comments visible within one provision have been removed. The first reference only has been retained. So it may be necessary to look up or down for the relevant information.
• Longer side comments have been consolidated or moved to inline comment boxes
• Instead of repeating provisions verbatim, references to other sections have been included. This may mean that you need to use the index at the front if you are looking for the full recitation of a provision (electronically, there is always a clickable link to the provision text).
• Many sections now also begin with a "More details found elsewhere in this book" comment box to help navigation

Additional changes include:

All the PCT legal changes of the legal changes of 1 July 2020 have been incorporated, including: R. 82quater.2, R. 26quater, R. 20.5bis, R. 20.8(a-bis), R. 20.8(b-bis), R. 40bis, R. 96.2, R. 71.1, R. 94.1

Section 1.5: Overview added of all currently valid reservations (Articles and Rules) 

Sections 2.10.1 and 2.10.2 amended to more clearly divide between procedural and substantive priority requirements to reduce the overlap

Section 3.4: Overviews added and updated for missing parts & elements 

Section 9.1: Moved table info to other boxes, and split communications to make them consistent with the rest. Table deleted to reduce length and improve readability.

Section 12.10: Excusing delay and general possibilities for excuse, tidied up and references added to other sections. 

Correction of known errors: 

R. 2.4 was incorrectly cited in several places as legal basis for 12m priority period. Legally, this is incorrect - it is actually R. 4C(1) PC (Paris Convention). R. 2.4 was added in 1 Apr 2007 to merely clarify that "priority period" should be interpreted according to A. 4 PC - PCT/R/WG/7/3, Annex I, p.2. So, the priority period is NOT a "Time limit fixed in Treaty" and NOT a "Time limit fixed in Regulations". R.2.4 is only relevant for R.26bis, R. 49ter (restoration calculation).

Amended comments in A. 48(1), (2) regarding availability in international and/or national phases.

An overview of main changes is available here. I have also copied them below. It can be ordered on 24x17cm paper from Amazon (UK, DE, FR, ES, IT, US, CA, JP) on 90 gr paper (3.8cm thick). Or on 50gr paper (2.1cm thick) from boekenbestellen.nl. The online version is available at www.epcapp.net.

Till Andlauer has been busy translating everything into German - that will be available in the coming days.

Update notes for PCT.App September 2020 edition

General structural changes:

• In the last version, many side comments were frequently repeated => Within the same paragraphs and section, the initial comment and reference is retained, but subsequent repeats of the same comment have been deleted to improve legibility.
• To reduce the number of pages when printed, long side comments have been abbreviated, and the details have been moved to comment boxes, either at the top of the section, or adjacent to the provision.
• The explicit inclusion of same provisions in many sections has been reduced.
• Where useful, references have been included to other sections instead of repeating comments and/or provisions.

Major changes to specific sections:

• Section 1.5: Overview added of all currently valid reservations (Articles and Rules).
• Section 2.4 Request changed to refer, where possible, to the full coverage in other sections of the book.
• Sections 2.10.1 and 2.10.2 amended to more clearly divide between procedural and substantive priority requirements to reduce the overlap.
• Section 2.16.3 Reference to deposited biological material => deleted - content was moved to Section 2.2.1.
• Section 2.19 - New overview of key issues.
• Sections 3.2.2 and 3.5.2 - Initial overviews of key issues have been rewritten. Section 3.2.2 - overview of cited references moved from a side comment box to an inline one to reduce page lengths.
• Section 3.6 - Deleted AI, section 302 & 304 (not very relevant - only for paper copies). New overview of key issues.
• Section 4.1 - Renamed ISA/IPEA agreement to A. 16(3)(b) comment box. Additional details added regarding contents of agreements.
• Section 4.6 - Moved A. 17(2)(a) comment box to A. 17(2).
• Section 4.8 - New overview of key issues.
• Section 4.10 - New overview of key issues, some from section 6.3.
• Section 5.5 - Overview of cited references moved from a side comment box to an inline one to reduce page lengths.
• Section 6.3 - Overview of ISR & WO-ISA communications moved from top box to Section 4.10.
• Section 6.5, 6.7 - New overview of key issues
• Section 7.6, 7.7, 7.11, 7.12.1, 7.14 - New overviews of key issues
• Section 8.4 - New overview of key issues. General comments added on amendments. Added R. 46.5 & AI Sec. 205 (moved from section 6.3).
• Sections 8.12, 8.13 - New overviews.
• Section 8.15 - Overviews amended, and references added, where possible, to other sections in the book
• Section 9.1 - Moved table info to other boxes, and split communications to make them consistent with the rest. Table deleted to reduce length and improve readability.
• Section 10.7 (Use of National Forms) deleted - content added to Section 10.1.1.
• Section 12.5 - New overview of key issues.
• Section 12.10 - Comment box split into 2 boxes - excusing delay and general possibilities for excuse, tidied up references added to other section.
• Combined sections 18.4 to 18.8 to reduce length => 18.4 Article 65 - Gradual Application to Article 69 - Notifications. These sections are less relevant for daily practice.

Correction of known errors:

• R. 2.4 was incorrectly cited in several places as legal basis for 12m priority period. Legally, this is incorrect - it is actually R. 4C(1) PC (Paris Convention). R. 2.4 was added in 1 Apr 2007 to merely clarify that "priority period" should be interpreted according to A. 4 PC - PCT/R/WG/7/3, Annex I, p.2. So, the priority period is NOT a "Time limit fixed in Treaty" and NOT a "Time limit fixed in Regulations". R.2.4 is only relevant for R.26bis, R. 49ter (restoration calculation).
• Consequently, an indication has been added for those remedies where the priority period is not covered. See sections 8.8, 8.15, 12.9 and 12.10.
• Amended comments in A. 48(1), (2) regarding availability in international and/or national phases.
• Section 3.1 - R. 20.9 & R. 26.6 references deleted - this is old law.

Legal changes - in force from 1 July 2020:

• R. 82quater.2 - New paragraph, providing possible safeguards in case of electronic outages. Added to sections 8.8 and 12.10. Related provision AI Sec, 111 added to section 8.8.
• R. 26quater - New rule, providing a formal framework for adding/correcting R. 4.11 indications. Added to section 2.4 (Request form).
• R. 20.5bis, R. 20.8(a-bis), R. 20.8(b-bis) - New paragraphs, allowing erroneously filed elements or parts to be corrected. Added to sections 3.4.1 and 3.4.2. Also added new overviews of key issues covering missing and/or erroneously filed parts/elements to sections 3.4.1 and 3.4.2.
• R. 40bis - New paragraph, allowing ISA to charge if erroneously filed elements or parts are filed after they have started to draw up ISR. Added to section 4.6.
• R. 96.2 - New paragraph allowing an improved transfer of fees between authorities. Added in section 15.5. Did not add Annex G as this is an internal procedure at IB.
• R. 71.1, R. 94.1 - Amended paragraphs, allowing additional documents from IPER files to be made available to applicants & dO/eO's. Amended sections 7.14, 8.9.1 and 8.9.2. Related provision AI Sec, 602bis added to section 7.14.