Changes to the PCT Regulations which entered into force on 1 April 2006

The Smart Patenting Solution

Changes to the PCT Regulations which entered into force on 1 April 2006

Exceptions to the all-inclusive designation system

Addition of Arabic as a publication language

International publication and the PCT Gazette

Publication of declarations referred to in Rule 4.17

For further information on the amendments adopted by the 2005 PCT Assembly, see document PCT/A/34/2 Rev. at http://www.wipo.int/meetings/en/details.jsp?meeting_id=9006

Exceptions to the all-inclusive designation system

Automatic and all-inclusive designation of all PCT Contracting States (since 1 January 2004) continues to apply

Amended Rule 4.9 will provide for exceptions to the automatic designation of all States, only

– for DE, JP, KR and RU which have notified the International Bureau accordingly; and

– if the international application contains a priority claim to an earlier application filed in the same State that is to be excluded

Withdrawals of designations continue to be possible

Addition of Arabic as a publication language

• International applications filed in Arabic will be published in that language

– List of languages of international publication: Arabic, Chinese, English, French, German, Japanese, Russian or Spanish

• International applications published in Arabic will always also contain the title, abstract and search report in English

• Currently, no ISA searches in Arabic

International publication and the PCT Gazette

• The International Bureau will move towards full and exclusive electronic publication of all international applications

– international applications may be published on paper or wholly or partly in electronic form (Section 406(b))

– paper copies will continue to be available to applicants and third parties on request

• The contents of the PCT Gazette will only be published in electronic form on the PatentScope portal

– the current paper version of the PCT Gazette will be discontinued

– its content will continue to be available as part of the electronic version

Publication of declarations referred to in Rule 4.17

• All declarations referred to in Rule 4.17 which have been received within the applicable time limit

– will be published as part of the international application

– will continue to be mentioned on the front page of the published international application

• As a result, copies of the declarations will no longer be communicated separately to the designated Offices concerned

• Modification of Administrative Instructions, Sections 211-213 and 215: Declarations should no longer indicate for which States they have been made

Entry into force;transitional arrangements

Generally, all amendments will apply to international applications filed on or after 1 April 2006

However, the amendments concerning the publication of international applications, the publication of declarations referred to in Rule 4.17 and the PCT Gazette will already apply in respect of the publication of international applications, and any notices relating thereto, on or after 1 April 2006, irrespective of the international filing date

Other exceptions would apply