United States Patent and Trademark Office OG Notices: 11 June 2002
Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1251 O.G. 112, on October 23, 2001.
Either the United States Patent and Trademark Office or the
European Patent Office may act as the International Searching Authority
for an international application filed with the United States Receiving
Office or the International Bureau as Receiving Office where at least
one of the applicants is either a national or resident of the United
States of America. However, the EPO is no longer a competent ISA,
within the meaning of PCT Article 16(3), for international applications
filed by US residents or nationals on or after 01 March 2002 in the
USPTO or IB as receiving Office, and where the application contains one
or more claims directed to the fields of biotechnology or business
methods. For the definition of what the EPO considers to be precluded
subject matter in the fileds of biotechnology and business methods,
applicants should see the "Notice from the President of the European
Patent Office," dated 26 November 2001, and which is published as
Annex A in the "Notice Concerning EPO Competence to Act as PCT
Authority" in the Official Gazette at 1255 O.G. 878, on February 19, 2002.
The European Patent Office may act as the International
Preliminary Examining Authority (IPEA) for an international application
filed in the United States Receiving Office or the International Bureau
as Receiving Office where at least one of the applicants is either a
national or resident of the United States of America, provided that the
European Patent Office acted as the International Searching Authority.
However, the EPO is no longer a competent IPEA, within the meaning of
PCT Article 32(3), for international applications filed by US residents
or nationals in the USPTO or IB as receiving Office where the
corresponding demand is filed with the EPO on or after 01 March 2002,
and where the application contains one or more claims directed to the
fields of biotechnology, business methods or telecommunication. For the
definition of what the EPO considers to be precluded subject matter in
the field of telecommunication, applicants should see the "Notice
from the President of the European Patent Office, " dated 26 November
2001, and which is published as Annex A in the "Notice Concerning EPO
Competence to Act as PCT Authority" in the Official Gazette
at 1255 O.G. 878, on February 19, 2002.
The search fee of the European Patent Office was increased,
effective January 1, 2002, and was announced in the Official Gazette at
1253 O.G. 88, on December 25, 2001.
International fees were changed, effective on January 1, 2002,
due to a change in the exchange rate of the U.S. dollar with regard to
the Swiss franc, and were announced in the Official Gazette at 1253
O.G. 88 on December 25, 2001. A change in the maximum number of designation
fees payable, with effect from January 1, 2002, was announced in the
Official Gazette at 1253 O.G. 88, on December 25, 2001. A change in the
reduction for electronic filing, with effect from January 1, 2002, was
announced in the Official Gazette at 1253 O.G. 88, on December 25, 2001.
Certain domestic PCT fees have been changed, effective October
1, 2001, to adjust certain patent fee amounts to relect fluctuations in
the Consumer Price Index. The revisions were announced in the
Official Gazette at 1249 O.G. 111, on August 28, 2001.
The schedule of PCT fees (in U.S. dollars), as of October 1,
2001, is as follows:
International Application (PCT Chapter I) fees:
Transmittal fee: $240.00
Search Fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- No corresponding prior U.S. national
application filed under
35 U.S.C. 111(a) $700.00
- Corresponding prior U.S. national
application filed under 35 U.S.C.
111(a) and filing fee under
37 CFR 1.16(a) paid $450.00
- Supplemental search fee, per
additional invention (payable only upon invitation) $210.00
European Patent Office as ISA $866.00
International fees
Basic fee $407.00
Basic supplemental fee (for each page
over 30) $9.00
Designation fee per country or region
- For the first 5 national or regional
offices designated $88.00
- For each designation in excess
of 5 offices No Charge
Precautionary designation fee and confirmation fee
for each precautionary designation confirmed
(PCT Rule 15.5)
- Designation fee $88.00
- Confirmation fee $44.00
(A reduction of $125 in the international fees is available in certain
cases where PCT-EASY software is used to prepare the request, provided that
the necessary conditions are met. See 1217 OG 131 (December 29, 1998)).
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $146.00
Preliminary examination fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $490.00
- Additional examination fee, per
additional invention (payable only
upon invitation) $140.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional examination fee,
per additional invention (payable
only upon invitation) $270.00
Small
U.S. National Stage Fees Entity Regular
Basic National fee
USPTO was IPEA
- All claims presented satisfied
provisions of PCT Article
33(2) to (4) $50.00 $100.00
- All claims presented did not satisfy
provisons of PCT Article
33(2) to (4) $355.00 $710.00
USPTO was ISA but not IPEA $370.00 $740.00
USPTO was neither ISA nor IPEA
- Search report has not been prepared
by the European Patent Office or
the Japanese Patent Office $520.00 $1,040.00
- Search report has been prepared by
the European Patent Office or the
Japanese Patent Office $445.00 $890.00
Other National fees
- For each independent
claim in excess of 3 $42.00 $84.00
- For each claim in excess of 20 $9.00 $18.00
- For each application con-
taining a multiple depen-
dent claim $140.00 $280.00
- Surcharge for filing oath or
declaration after the time
limit applicable under PCT
Article 22 or 39(1) $65.00 $130.00
- Processing fee for filing
English translation after
the time limit applicable
under PCT Article 22 or
39(1) $130.00 $130.00
May 15, 2002 JAMES E. ROGAN
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office