Patent Cooperation Treaty (WO)

Article 22(1) of the PCT was amended on 04/10/2001. The amendments took effect on 01/04/2002 from which date the time limit for entry into the national/regional phase will be globally extended from 20 to 30 months. However, the old time limit may continue to apply to allow designated offices to adapt their national laws.

Filing/publication mechanism only. Search, prosecution and grant handled at regional/national level. As of 01/10/2003, there were 122 PCT contracting states. A number of states have acceded to the PCT in 2003: Nicaragua became the 118th contracting state on 06/03/2003; Papua New Guinea became the 119th contracting state on 14/06/2003; Syrian Arab Republic became the 120th contracting state on 26/06/2003; Egypt became the 121st contracting state on 06/09/2003 and Botswana became the 122nd contracting state on 30/10/2003. All will be bound by Chapter II.

As Botswana is also signatory to ARIPO, it will also be possible to designate Botswana in an ARIPO designation on a PCT application. Also, all international applications filed after 30/10/2003 which have a designation for an ARIPO patent will be considered to include Botswana.

The Lebanese Parliament has endorsed Law No. 394 approving Lebanon's accession to the PCT.

The time limit for entry into the national phase under PCT Article 22(3) has been changed by the Ukraine Patent Office to 31 months from priority date, effective 25/06/2003.

Effective 01/08/2003, Belarus has withdrawn its notification of incompatibility of PCT Rule 49.6, as amended on 01/01/2003, with it's national law. PCT Rule 49.6 concerns reinstatement of rights after failure to perform conditions referred to in PCT Article 22 (entry into the national or regional phase).

From 01/01/2003, applicants using the Hungarian Patent Office as a designated or elected Office will have to furnish a Hungarian translation of the international application within 31 months of the priority date, indicate the name and address of the inventor and pay the national fee. A further period of 3 months will also be given to carry out these actions on payment of a surcharge. If the applicant fails to carry out these actions within the 31 month time limit or within the extra 3 months on payment of a surcharge, the application will become invalid in Hungary.

28/02/2004 UPDATE: Namibia (NA) became signatory to the PCT on 01/01/2004. It is  bound by Chapter II of the PCT which means it will automatically be elected in any international application.

The Ukraine Patent Office has notified that from 25/06/2003 the time limit applicable for entry into the national phase under PCT Article 22(3) has been amended to 31 months from the priority date.

The National Center of Intellectual Property (Belarus) has amended the incompatibility of its national law with PCT Rule 49.6 (concerning reinstatement of rights after failure to perform acts referred to in PCT Article 22 - entry into regional or national phase) with effect from 01/08/2003.

The Norwegian Patent Office has withdrawn its notification of the incompatibility of its national law with PCT Articles 22(1) from 01/02/2004. In accordance with PCT Articles 22(3) and 39(1)(b) the time limit for entry into the national phase becomes, effective 01/02/2004, 31 months from the priority date.

The Intellectual Property Office of Singapore has withdrawn its notification of the incompatibility of its national law with PCT Article 22(1) from 01/01/2004. The amended 30 month time limit under PCT Articles 22(1) will apply, from 01/01/2004, for international applications for which the 20-month time limit expires on, or after, 01/01/2004. This also applies with respect to PCT Article 22(1). The Intellectual Property Office of Singapore has also withdrawn notification of incompatibility of it national law with PCT Articles 51bis.1(e) (concerning the furnishing of a translation of the priority document) effective 01/08/2003.

The Offices not applying the 30-month time limit of PCT Article 22(1) are: Brazil, Finland, Luxembourg, Serbia & Montenegro, Sweden, Switzerland, Uganda, United Republic of Tanzania and Zambia.

The first draft of the Substansive Patent Law Treaty was discussed at a meeting of WIPO member states held on 14 -19/05/2001. The Patent Law Treaty (PLT) is being designed to simplify and harmonise administrative practices among national and regional intellectual property offices. The Republic of Moldova has become the first state to ratify the Patent Law Treaty (PLT).