| 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) |
(383) Arrangement between the Israel Patent Office and the
United States Patent and Trademark Office
Concerning Action of the Israel Patent Office as an
International Searching Authority and
Preliminary Examining Authority under the
Patent Cooperation Treaty for
Certain International Applications Received by the
United States Patent and Trademark Office
USPTO Arrangement No. 14140027
In light of the facts that:
An Agreement exists between the Government of Israel and the
International Bureau of the World Intellectual Property Organization
(hereinafter "International Bureau") in relation to the functioning of the
Israel Patent Office (hereinafter "ILPO") as an International Searching and
International Preliminary Examining Authority under the Patent Cooperation
Treaty (hereinafter "the Agreement"); and
The United States Patent and Trademark Office (hereinafter "USPTO") is
desirous to have ILPO carry out the tasks as one of the International
Searching Authorities and International Preliminary Examining Authorities
under the Patent Cooperation Treaty, and ILPO is willing to do so in
accordance with the terms and conditions of this hereby Arrangement and in
accordance with Israel's domestic law,
1. ILPO and USPTO (hereinafter "the participants")intend to pursue the
following mutual arrangements:
2. (1) ILPO intends to act as an International Searching Authority and
International Preliminary Examining Authority under the Patent
Cooperation Treaty for international applications filed with
USPTO as Receiving Office insofar as the following conditions are
met
(i) the applications are submitted in the English language;
(ii) ILPO has not received more than 75 international applications
from USPTO during the current fiscal quarter;
(iii) the applications do not contain any claims relating to a
field of technology as defined by the International Patent
Classification classes indicated by Annex B of this
Arrangement;
and
(iv) insofar as ILPO is designated as a competent authority by the
applicants of said applications.
(2) Pursuant to paragraph (1) ILPO intends to act as an International
Preliminary Examining Authority only where ILPO has functioned as
the International Searching Authority.
(3) USPTO intends to inform the International Bureau, pursuant to
Patent Cooperation Treaty (PCT) Rules 35 and 59, that ILPO is
competent for the searching and international preliminary
examination of the certain kinds of international application
specified under this Arrangement in paragraphs (1) and (2).
3. ILPO intends to conduct the international search and international
preliminary examination pursuant to the provisions of the Agreement
between ILPO and the International Bureau, and to promptly notify
USPTO of any relevant amendment to said Agreement.
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4. The language of correspondence between ILPO and USPTO or the
applicants, whose applications are handled by ILPO pursuant to this
Arrangement, is English.
5. Conduct of technical and procedural matters including transfer of
fees and exchange of documents should be as specified in the Outline
of Technical and Procedural Matters document, Annex A of this
Arrangement.
6. ILPO, upon request and on payment, intends to furnish the applicants
with copies of the documents cited in the international search
reports and the international preliminary examination reports.
7. (1) The fees and charges which ILPO is entitled to make in relation
to its function under this Arrangement should be those set out in
Annex C of the Agreement between ILPO and the International
Bureau as represented by Annex D of the PCT Applicant's Guide.
(2) USPTO intends to collect the search fees from the applicants in
the U.S. dollar amount specified in Annex D of the PCT
Applicant's Guide and transfer said amount in U.S. Dollars (USD)
to the ILPO as specified in Annex A of this Arrangement.
(3) USPTO intends to transfer the search fee to ILPO, by the end of
the next month following the month in which the search fee is
received, and intends to promptly notify ILPO of the
international filing date, the international application number,
and the date on which the search fee was received.
(4) Any fee for copies of documents cited in the international search
report, additional international search fee, international
preliminary examination fee, additional preliminary examination
fee, or any necessary fee for search or preliminary examination
is expected to be paid by the applicant to ILPO in the amount and
in the currency set out in Annex D or E of the PCT Applicant's
Guide.
8. (1) This Arrangement is intended to come into effect on October 1,
2014.
(2) The initial period of validity of this Arrangement is intended to
be for three years from the date set forth in Section 8(1),
subject to section 8(3). The continuation of this Arrangement
should be discussed between the participants before the
expiration of the initial period.
(3) In any event, the period of the validity of this Arrangement is
also intended to end upon the termination of the Agreement
between ILPO and the International Bureau. USPTO and ILPO intend
to extend this Arrangement by written mutual consent upon any
renewal of the said Agreement between ILPO and the International
Bureau.
9. This Arrangement may be amended with the written consent of both
participants.
10. (1) This Arrangement may be discontinued by either participant by
written notice addressed to the other participant.
(2) Activities may continue under this Arrangement for six months
after receipt of the written notice referred to in the preceding
paragraph by the other participant.
(3) ILPO intends to act as the competent International Searching
Authority and the International Preliminary Examining Authority
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in accordance with this Arrangement upon international
applications insofar as these international applications are
received by USPTO within six months after the receipt of the
written notice under the preceding paragraphs.
11. (1) Provisions under the Patent Cooperation Treaty, and the
Regulations and the Administrative Instructions under the
Treaty, where relevant, apply to matters which are not provided
for in this Arrangement.
(2) This Arrangement does not give rise to legal obligations under
international law. Any differences which arise between ILPO and
USPTO regarding this Arrangement will be resolved amicably by
consultations and negotiations between ILPO and USPTO.
In witness whereof the parties hereto have executed this Agreement in
two English language originals.
Signed in Alexandria, Virginia in the United States of America on April
28, 2014 and in Jerusalem, Israel on May 15, 2014.
MICHELLE K. LEE
Deputy Under Secretary of Commerce for
Intellectual Property and
Deputy Director of the USPTO
ASA KLING
Director of the ILPO Commissioner of Patents
Commissioner of Patents, Designs and Trademarks
[1408 OG 53]