Thursday, October 14, 2021

1 Sep 2021 updates: PCT-App and Complete PCT Applicants Guide

https://www.wipo.int/pct/en/pct_contracting_states.html
In most years, official PCT documents are updated in July/August. However, this year, the WIPO has confirmed that few documents will be changed in 2021. There are no amendments to the PCT Regulations coming into force on 1 July 2021. 

Expected: 

  • possibly some changes to the PCT AIs and Forms later this year. 
  • 1 July 2022: The new WIPO Standard ST.26 for sequence listings enters into force, together with the many related amendments to the forms and documents.

So, on 1 July 2021, the following texts and references are (still) in force:

From WIPO:
  • PCT Treaty (Articles): 03 Oct 01
  • PCT Regulations (Rules): 01 Jul 20
  • AG-IP (Introduction to International Phase): 01 Jul 20
  • AG-NP (Introduction to National Phase): 6 Aug 20
  • AI (Administrative Instructions) Part 1 - 8 and Annexes B to G: 1 Jul 20
  • AI Annex A (Forms - RO / ISA / SISA / IB / IPEA): 1 Jul 20
  • AI Annex F (Electronic filing standard) Main Body & Appendices II - IV: 1 Jul 10
  • AI Annex F (Electronic filing standard) Appendix I: 1 Jul 21
  • RO-GL (RO Guidelines): 1 Jul 20
  • ISPE-GL (International Search & Preliminary Exam. Guidelines): 1 Jul 21
    • Added: ISA/IPEA may limit non-unity reasoning to minimum reasoning 10.04A 
    • Added: Examples of use of the minimum reasoning 10.59E – 10.59J
    • Note that ISPE GL's have many useful non-unity examples in Chapter 10
    • A welcome addition to 15.09, because applicants make major critical decisions based on international reports: In order to provide applicants and third parties with high levels of predictability for the potential outcomes of future national or regional prosecution, examiners should endeavor to prepare high quality international search reports and written opinions ... so that they can confidently be used by designated and elected Offices
  • PCT Fee Tables: 1 Sep 21
  • 75% reduction of PCT fees due to the EPO: 1 Jul 21
From EPO:
  • EPG (Euro-PCT Guide: PCT Procedure at EPO): 1 Jan 21
  • Fees for international applications: 1 Jan 21
  • EPO PCT-GL (Search & Examination at EPO as PCT Authority): Mar 2021

Data for specific States found in the Applicant Guide is continuously updated on the WIPO website, so always double check before relying on any state-specific info in real-life cases'

Although, there are few official changes, we have just completed many important updates

fireballpatents.com/study-materials/complete-pct-ag
Complete PCT Applicant's Guide (1 Sep 2021)fireballpatents.com/study-materials/complete-pct-ag:

  • Many references from 2020 are still valid, so these have not been updated. 
  • The PCT states overviews have been combined into one main overview, including reservations and incompatibilities valid on 1 Sep 21
  • The PCT fees and Applicant/Office forms overview, valid on 1 Sep 21, have been included
  • The ISPE-GL (International Search & Preliminary Exam. Guidelines) has been updated to the 1 July 21 version
  • Requirements for Biological Deposits (Annex L) have been added 
  • Our legal citation index is included for AG-NP.

www.pctapp.net/en
PCT.App (1 Sep 2021) - www.pctapp.net/en:

1. Integration of key Paris Convention articles.
Paris Convention articles are now available in the database in German and English to be annotated, incorporated and linked. Only the the most important articles for the PCT, including Article 4 PC (priority), have been included in the appropriate parts of PCT.App, annotated and cross-referenced with the rest of the PCT.

2. All comments and annotations referencing a State with a status date have correspondingly been checked and, where necessary, updated to legal status of 1 Sep 2021.

3. Many parts include comment boxes with a reference overview of other relevant parts. These have been updated to include new internal hyperlinks, so that they can be used online for quick navigation between parts just by clicking.

4. Where possible, provisions are referenced only in the most relevant sections. In some cases, comment boxes are used instead of including the full provisions. These include any additional comments and internal hyperlinks to the more relevant sections.

5. To allow finding answers more quickly, a convenient full-text search has been integrated into the online app and can now be accessed under the menu items "Navigation">"Search".

For more details on the PCT.App updates, click on READ MORE.

6. Part 1.1: A. 1 PC and A. 19 PC added at the end of the provisions and annotated.

7. Part 1.2: Added definition of "Inventor's Certificate" and further definitions of A. 1(3) PC.

8. Part 1.4: Article 4A (1) - (3) PC added and linked to A. 11(3) PCT.

9. Part 1.5: The comment box with a list of ALL possible reservations has been moved to Part 18.3, where A. 64 PCT is recited fully. A reference with a hyperlink to Part 18.3 has been included.

10. Part 2.2.2: Added additional side comments for A. 45 PCT.

11. Part 2.4: Many empty Article/Rule titles followed by a comment box have been combined into just a comment box with links to relevant book parts.

12. Part 2.10.1: A. 4C(1) - (3), 4D, 4E, 4G PC added fully (with explaining non-official titles); Articles 4A, 4B, 4F, 4H, 4I PC were added only as comment boxes. Also amended the top comment box to show how Paris Convention priority Articles are divided into procedural and substantive parts.

13. Part 2.10.2: Articles 4A, 4B, 4C(4), 4F, 4H, 4I PC added fully (with explaining non-official titles); Articles 4D, 4E, 4G PC were added only as comment boxes. Also Amended the top comment box to show how Paris Convention priority Articles are divided into procedural and substantive parts. 

14. Part 2.10.2: Explanation of the legal framework and use of A. 4C(4) PC added to the top comment box.

15. Part 7.11: Added new overview of key issues; removed some of the longer side comments.

16. Part 10.1.1: Improved section explaining the differences between states requiring / not requiring copies in the top comment box. Similarly, improved explanation of states with different entry time limits.

17. Part 11.1: Added R. 76.5 comment box. These details are quite precise, and are clearer if they are displayed on the same page.

18. Part 12.3: Deleted provision R. 43bis.1 because the contents of the provision are less relevant here. It is now just cited in the top comment box.

19. Part 12.8: Added new overview of key issues; removed some of the longer side comments.

20. Part 12.11: Added new overview of other relevant book parts.

21. Part 13.2: Added additional information about US bypass route, which is frequently used instead of national entry.

22. Part 18.1: Added A. 24 PC completely to provisions.

23. Part 18.3: Moved comment box with a list of ALL possible reservations from 1.5 to here, as it fits better with the compete recitation of A. 64 PCT.

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