Top of Notices   (376)  December 25, 2018

US PATENT AND TRADEMARK OFFICE

Print This Notice 1457 CNOG  2772

PCT, International Applications

Referenced Items (371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405)

(376)

USPTO No. 16111004-0000-000 Arrangement between the United States Patent and Trademark Office and the Intellectual Property Office of Singapore Concerning Action of the Intellectual Property Office of Singapore as an International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty for Certain International Applications Received by the United States Patent and Trademark Office

Annex A

Outline of Technical and Procedural Matters

Contents
1	CONTACT DETAILS
2	PAYMENT PROCEDURE AND FEES FOR ISA/IPEA SERVICES
3	PROCEDURE FOR TRANSMITTING DOCUMENTS BETWEEN THE USPTO AND THE IPOS
4	DIRECT CONTACT BETWEEN U.S. APPLICANTS AND THE IPOS
5	PROCEDURE FOR TRANSMITTING DOCUMENTS BETWEEN US APPLICANTS AND THE IPOS

1	Contact details
1.1	Language of communication:	English
1.2	Contact details for IPOS’s PCT Section (“IPOS/PCT”):
	Phone number: Fax number:   E-mail:	(65) 6339 8616 (65) 6339 0252 (General) (65) 6339 9230 (Patents) pct@ipos.gov.sg
1.3	Postal address for the IPOS:
	Intellectual Property Office of Singapore IP101, 51 Bras Basah Road, #01-01, Manulife Centre, Singapore 189554
1.4	Postal address for the USPTO:
	Director of the US Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450 United States of America
1.5	Contact details for the receiving office of the USPTO:
	Phone number: Fax number: E-mail:	+1 703 756 1403 +1 571 273 3201 Harvey.Phillips@uspto.gov
2	Payment procedure and fees for ISA/IPEA services
For the most up to date information on the amount of fees applicable for ISA service please refer to PCT Applicants Guide International Phase Annex D ‘SG’ and for the IPEA information refer to PCT Applicants Guide International Phase Annex E ‘SG’.
2.1	Classification of fees:
	Search fee: 1,632 USD (equivalent amount of 2,240 SGD) with reference to the PCT Applicant’s Guide Annex D Preliminary examination fee: 830 SGD Handling fee: 285 SGD These fees may be subject to change. Current fees can be found at: http://www.wipo.int/pct/en/fees/index.html
2.2	Procedure for remitting fees:
	Search fee: Preliminary examination fee: Handling fee: Additional fees:	U.S. applicant ⇒ USPTO ⇒ IPOS U.S. applicant ⇒ IPOS U.S. applicant ⇒ IPOS U.S. applicant ⇒ IPOS
* The method for payment of fees by US applicants to the IPOS is by Bank Transfer
2.3	Acceptable currency for fee payment:
	USD for fee payment by the USPTO to the IPOS SGD for fees paid to the IPOS by U.S. applicant
2.4	The IPOS’s bank account details for fee remittance:
	Beneficiary Name: Beneficiary Address: Beneficiary Bank: Beneficiary Bank Address: Beneficiary Bank Account Number: Swift Code: Instructions to payer:	Intellectual Property Office of Singapore 51 Bras Basah Road Manulife Centre #04-01 Singapore 189554 Development Bank of Singapore Ltd 12 Marina Boulevard Level 3 MBFC Tower 3 Singapore 18982 003-900067-7 DBSSSGSG a) Payment must be effected in full.
		b) All charges by Payee's Agent & Beneficiary Bank must be borne by Payer.
		c) Indicate the IPOS Contact Officer's name under 'Payment Details' in the Telegraphic Transfer Application Form and send a copy of the bank's Transaction Advice to the IPOS Contact Officer.
	IPOS Contact Officer	Ms Lim May Yen
* Any expenses required by the bank(s) in connection with the remittance are to be borne by the applicant. Therefore, whenever there is a shortfall in the fee received by the IPOS due to the various expenses required by the bank(s), and the shortfall is not paid within the payment deadline, the IPOS intends to proceed with necessary procedures concerning unpaid prescribed fees. The IPOS does not intend to bear any responsibility with respect to payment problems with the bank(s), which have arisen due to the applicant, for any reason whatsoever.
**Upon the transfer of the search fee, the USPTO intends to send a remittance report to the IPOS by e-mail to the contact details indicated in paragraph 1.2. The remittance report should include, at the minimum, the international application number(s) and the international filing date(s) to identify the case, as well as the date on which the search fee was received by USPTO.
2.5	Additional Search Fees
If the IPOS considers that the international application does not comply with requirement of unity of invention as set forth in the PCT regulations, the IPOS intends to invite the applicant to pay additional fees (PCT Article 17(3)(a)). The applicant may pay the additional fees direct to the IPOS (PCT Rule 40.2(b)) in a currency and mode acceptable to the IPOS within one month from the date of the invitation (PCT Rule 40.1(ii)).
Where the international application lacks unity of invention under PCT Article 34(3)(a) and the IPOS invites the applicant to pay an additional fee or to restrict the claims, the additional fee is to be paid directly to the IPOS (PCT Rule 68.3(b)) within one month from the date of the invitation (PCT Rule 68.2).
2.6	Responsibility for the cost of remitting fees or refunds:
	Remittance fee: Postal fee: Refund:	sending party (U.S. applicant or the USPTO) sending party (all postage is to be prepaid) receiving party (U.S. applicant or the USPTO)
2.7	Refund procedure
A. Refund to U.S. applicant
	ⅰ. Refund of payment under PCT Rules 16.3, 40.2, 44.3, 57.4, 58.3, 68.3, and of overpayment should be commenced upon request of the applicant. ⅱ. The IPOS determines whether the paid fee exceeds the required amount. ⅲ. If a refund is due to the U.S. applicant, the IPOS remits the refund check ( in SGD) to the U.S. Applicant. ⅳ. Currency conversion fees for refunds are intended to be borne by the U.S. applicant.
* Any expenses required by the bank in connection with the remittance are to be borne by the applicant. Therefore the applicants are strongly recommended to consult with the IPOS before requesting for refund, since where the amount of refund is less than bank expenses, the applicant cannot receive any refunds.
B. Refund to the USPTO
	ⅰ.The IPOS determines whether the paid fee exceeds the required amount. ⅱ.If so, the IPOS notifies the USPTO. ⅲ.The USPTO intends to deduct that amount from its next monthly payment to the IPOS. If the refund is not executed as intended, the IPOS intends to ask the USPTO for assistance by contacting Matthew Lee at telephone number 01-571-272-6343 or email address matthew.lee@uspto.gov with any questions related to the above. ⅳ.Currency conversion fees for refunds of the international search fee paid by the applicant to the USPTO and transmitted to the IPOS are intended to be borne by the USPTO.
3	Procedure for transmitting documents between the USPTO and the IPOS
3.1	Transmission of search copy:
Transmission frequency: once a week or as soon as possible after the receiving office completes its formality examination.
The USPTO and the IPOS intend to allow the International Bureau (IB) to prepare and transmit search copies electronically via ePCT (‘eSearchCopy’) to the IPOS on behalf of the USPTO.
The USPTO intends to notify the IB regarding information on the payment of the search fee for electronically sending the Search Copy to the IPOS.
	Any sequence listing in electronic form (with reference to the PCT Applicant’s Guide Annex D ‘SG’) which is furnished by the applicant for the purposes of the international search (PCT Rule 13 ter.) to the USPTO is to be promptly sent by the USPTO either directly, or via the IB, to the IPOS (PCT Rule 23.1(c)).
3.2	Notice of the receipt of search copy:
The IPOS notifies the USPTO through electronic transmission, postal service, courier service or facsimile within 15 working days of receiving the search copy.
3.3	Sending of RO forms to the IPOS
Where the USPTO issues any RO forms after receiving the international application, the USPTO intends to promptly send, either directly or via the IB, the copies of the RO forms (such as PCT/RO/106,107, and 111) and attached documents (such as replacement sheets, if needed) to the IPOS. (Electronic transmission is preferred where possible.)
4	Direct contact between U.S. applicants and the IPOS
4.1	Submission procedure and method of making a demand:
The IPOS intends to act as a competent IPEA for any international application filed with the USPTO which meets the following conditions mentioned in the ISA/IPEA agreement between the IPOS and the IB:
(a) The international search was performed by the IPOS;
(b) The applicant chooses the IPOS as the competent IPEA; and
(c) The applicant of the international application submits the Demand (form PCT/IPEA/401) within the deadline stipulated under PCT Rule 54bis.
Paper-based demands (form PCT/IPEA/401) are to be submitted from the applicant to the IPEA/SG directly by registered mail or via courier service. E-mail or facsimile submissions are not acceptable. Postal address for the IPOS: as at paragraph 1.3 of Annex A.
* Applicants that register for ePCT private services may submit the demand to the IPOS using the ‘Submit Chapter II Demand’ Action through which the IB intends to forward the Demand to IPEA/SG under PCT Rule 59.3(b).
4.2	Procedure for notifying applicants that a demand has been received:
The IPOS notifies applicants through electronic transmission or postal service within 21 working days of receiving the demand.
4.3	Payment procedure for examination and handling fees:
The applicant pays the international preliminary examination fee and handling fee to IPOS in SGD (Rule 57.1, 58.1 (c)), where the modes of payment acceptable by the IPOS include telegraphic transfer (to the designated bank account indicated in 2.4), electronic transfer (to the designated bank account indicated in 2.4), bank draft and international postal order.
5	Procedure for transmitting documents between US applicants and the IPOS
5.1	Transmission of various notices and invitations from the IPOS to U.S. applicants:
	To be sent via the postal service to the postal address specified in the request or the demand.
5.2	Response of U.S. applicants to the IPOS's invitations:
US applicants should respond via e-mail or postal service within the period specified in the invitation.
	Time frame for responding to an invitation: normally one month from the mailing date. Time frame for responding to written opinions (of the international preliminary examining authority): normally two months from the mailing date (time limits can be extended at the examiner’s discretion as long as the due date for an international preliminary examination report is not affected, or shortened at the examiner’s discretion if the due date is affected).
5.3	Method of communication between the IPOS and U.S. applicants
	Language: English Method: email (preferred), postal service, facsimile

[1425 OG 194]