| PCT, International Applications |
Referenced Items (393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417) |
(402) Electronic Transfer of Priority Documents to the
International Bureau
On 31 August 2007, the United States Patent and Trademark
Office (USPTO) will deploy an update to the USPTO electronic system
that supports administrative processing of international applications.
The update will include an enhancement that will enable the USPTO to
electronically transfer certified copies of US priority applications to
the International Bureau (IB) of the World Intellectual Property
Organization. Accordingly, as of 31 August 2007, the USPTO will begin
electronically transferring certified copies of US priority
applications to the IB for PCT applications filed in the US Receiving
Office (RO/US) where the applicant has made a request in accordance
with PCT Rule 17.1(b) and 37 CFR 1.451(b).
This electronic transfer of US priority documents to the IB will be
highly automated. As such, the USPTO will not require a fee for the
electronic transfer of certified copies of US priority documents to the
IB for PCT international applications filed with the RO/US on or after
31 August 2007. Accordingly, the fee set out in 37 CFR
1.19(b)(1)(iii)(A), for electronically providing a copy of a patent
application as filed, is hereby waived, for certified copies of US
priority applications electronically transmitted to the IB in
accordance with PCT Rule 17.1(b) and 37 CFR 1.451(b) for PCT
international applications filed with the RO/US on or after 31 August
2007.
Thus, if an applicant files an international application with the RO/US
on or after 31 August 2007, and checks the box on the Request (Form
PCT/RO/101) requesting the RO/US to transmit a certified copy of a US
priority application to the IB, the USPTO will electronically transmit
the copy of the US priority application to the IB. Further, there will
be no fee for this electronic transmission of the US priority
application to the IB.
The $20 fee under 37 CFR 1.19(b)(1) will continue to be required for
the transmittal of a US priority document to the IB in accordance with
PCT Rule 17.1(b) and 37 CFR 1.451(b) for international applications
filed with the RO/US prior to 31 August 2007.
Please note that the USPTO will not transmit a copy of a US priority
application until the priority application receives both a filing date
and a foreign filing license.
Applicants will continue to receive acknowledgement of receipt of
priority documents from the IB via Form PCT IB/304.
For further information please contact one of the individuals
identified below:
Debbie Kyle Diana Oleksa
DA Project Manager Legal Advisor for IT Policy
US Patent and Trademark OR US Patent and Trademark
Office Office
571-272-3377 571-272-3291
PDX@uspto.gov PDX@uspto.gov
August 13, 2007 JOHN J. LOVE
Deputy Commissioner for
Patent Examination Policy
United States Patent and Trademark Office
[1322 OG 30]
Top of Notices (402) December 26, 2023