Amendments to the PCT Regulations as from 1 July 2012

July2012 changes-217.11.11

Time limit to request retrieval of priority document (Rule 17.1(b-bis))

Extension of the time limit to request the IB to retrieve the priority document from a digital library

time limit aligned with Rule 17.1(a)

time limit considered to be met if request to IB is made prior to the date of publication

The possibility to request retrieval of the priority document by the RO was deleted, because the service was not used

Effective as from 1 July 2012 for applications for which the time limit under amended Rule 17.1(b-bis) expires on or after 1 July 2012

July2012 changes-317.11.11

Time limit for furnishing missing elements (Rule 20.7(b))

Change of wording in order to avoid misinterpretation and clarify that, if

neither a correction under Article 11(2)

nor a notice confirming incorporation by reference of an element under Article 11(1)(iii)(d) or (e)

was received before the expiration of the time limit

but was received before issuance by the RO of a notification under Rule 20.4(i)

the correction or notice will be considered to have been received within the applicable time limit

Effective as from 1 July 2012 for applications filed on or after that date

July2012 changes-417.11.11

PCT minimum documentation (Rule 34)

Rule 34(c) and (d) has been modified to include Chinese patent documents to the extent that English abstracts are available

Effective as from 1 July 2012 for applications, irrespective of the international filing date, for which the international search is carried out after that date

July2012 changes-517.11.11

Deletion of Rule 82.2

Due to the introduction of new Rule 82quater, this Rule will be deleted as from 1 July 2012

Rule 82.2 will remain applicable to applications

with an international filing date before 1 July 2012

for which the time limit to furnish evidence under Rule 82.1(c) expires on or after 1 July 2012

July2012 changes-617.11.11

Excuse of delay in meeting certain time limits due to force majeure (new Rule 82quater) (1)

The RO, ISA, SISA, IPEA or IB shall excuse a delay in meeting a time limit provided for in the Regulations if it is proven to the Office’s satisfaction that

the time limit could not be met due to war, revolution, civil disorder, strike, natural calamity, or other similar reason and

evidence is offered not later than six months after the expiration of the relevant time limit

The Rule does not apply to

the 12 month priority period under the Paris Convention

the time limit for entry into the national phase

July2012 changes-717.11.11

Excuse of delay in meeting certain time limits due to force majeure (new Rule 82quater) (2)

The excuse of delay need not be considered by a designated Office before which national phase has been entered

Effective as from 1 July 2012 for applications, irrespective of the international filing date, for which the time limit under Rule 82quater.1(b) expires on or after 1 July 2012