Is a translation of the international application required? Under normal circumstances, none of the designated Offices requires a copy of the international application to be submitted by the applicant. Caution is warranted before jumping to Russia or another lower cost ISA when costs including national phase entry costs are factored in. Where such a reference is contained in the description, its translation is part of the translation of the description. Designated Office unless a Demand electing the U.S. is filed under PCT Article 31 whereupon entry will be via the U.S. Elected Office. There may be acts in addition to those described in paragraph 4.001 which must be performed for the international application to proceed in the national phase, but none of those acts, which are described further below and in the National Chapter relating to each designated Office, has to be performed within the time limit for entering the national phase. The applicant is notified accordingly by means of Form PCT/IB/308 (First notice informing the applicant of the communication of the international application (to designated Offices which do not apply the 30 month time limit under Article 22(1)), and Form PCT/IB/308 (Second and supplementary notice informing the applicant of the communication of the international application (to designated Offices which apply the 30 month time limit under Article 22(1)). In a U.S. national stage application submission under 35 U.S.C. The designated Offices have the right to require a translation of the claims both as originally filed and as amended under Article 19. Similarly and within the same time limits, the applicant is required to make such indications also in cases where he wishes the international application to be treated in a designated Office as an application for a patent of addition, a certificate of addition, inventor's certificate of addition, a utility certificate of addition or as a continuation or a continuation-in-part. National Stage Entry Following PCT Chapter I PCT Article 22 (1) was amended, effective April 1, 2002, to specify that the national stage requirements are due not later than at the expiration of 30 months from the priority date if no demand has been filed. A. In Finland, you enter the PCT national phase within 31 months from the international filing date or, if priority is claimed, from the filing date of your first priority application. By when will the EPO establish the IPER? That communication is effected by the International Bureau in accordance with Rule 93bis.1 but not prior to the international publication of the international application. If such indications are required, most of the designated Offices will invite the applicant to furnish them if he fails to do so on entering the national phase, but some of them will not. Where the applicant fails to furnish the translation of the reference, the designated Office may invite him to do so if it deems necessary. Where several languages are given, the applicant may choose the language which suits him best. The national stage can be revived if a petition and fee are filed within two months. 4.028. File a new U.S. application under 35 U.S.C. Chances are that you may have already filed a US non-provisional application and the PCT application was filed to reserve your rights to file in foreign countries. For example, 35 U.S.C. A translation of the international application must be furnished if the language in which it was filed or published is not a language accepted by the designated Office. The following acts must be performed (if applicable): (i) payment of the national fee (see paragraphs 4.005 to 4.007); (ii) furnishing of a translation, if prescribed (see paragraphs 4.008 to 4.026); (iii) in exceptional cases (if a copy of the international application has not been communicated to the designated Office under Article 20), furnishing of a copy of the international application, except where not required by that Office (see paragraphs 4.027 and 4.028); (iv) in exceptional cases (if the name and address of the inventor were not given in the request when the international application was filed, but the designated Office allows them to be given at a time later than that of the filing of a national application), furnishing of the indication of the name and address of the inventor (see paragraphs 4.030 and 4.031). Generally, if you want to obtain patent protection in three or more EPC countries (listed below), then it is cheaper to do this usin… Configure your Jurisdictions. This term may be restored for two additional months provided that the failure to file an application under the PCT in due time was unintentional. Where the reference is not contained in the description but has been furnished on the optional sheet (see International Phase, paragraph 11.075) or in a later communication, a translation must be furnished together with the translation of the international application. Article 13(2)(b)22(1)23(2)39(1)(a)40(2)Rule 47.4. Provided that the applicant, while filing such application corresponding to an international application designating India, may delete a claim, in accordance with the provisions contained in rule 14. The latter are considered "special requirements" (see paragraphs 5.001 to 5.005) which may be complied with after entry into the national phase. Must a reference to deposited biological material be translated? There are two methods that may be used for the physical presentation of the translated text matter. It should be noted that the use of the request form in the language of the translation is optional, so that applicants who do not have such a form may present the translation in a different format. Article 27(1), (2), (6) and (7)Rule 51bis. 4.002. How must the translation of text matter in drawings be presented? If you decide to enter the United States based on a PCT application, you’ll choose between the following two options: File a traditional national stage of the PCT application under 35 U.S.C 371. 4.030. The National Chapter (Summary) relating to each designated Office indicates this information. Offices may require only the furnishing of a copy of the original drawing(s), and few actually do so. In how many copies must the translation be furnished? The PCT application must of course include Singapore as one of its designated states. Submit for Review and Filing. On the other hand, where the applicant makes an express request for early processing of the international application (see paragraphs 2.006 and 3.004) before the communication of the international application has taken place, he must either furnish a copy of the international application, and of any amendment filed under Article 19 with the International Bureau, at the same time as he makes the express request for early processing to the designated Office or request the International Bureau to transmit a copy of his international application to the designated Office in accordance with Article 13(2)(b). The advantage of applying for an international application is that initially, only one application and … 4.031. Applications filed in Dutch. What are the physical requirements for the translation? No applicant is required to furnish original drawings to the designated Offices together with the translation of the international application. 4.021. 4.020. The National Chapters set out this information. The National Chapters contain information about existing forms, and the annexes to the Chapters reproduce samples of them. Where the applicant fails to perform the required acts in time, he may ask the designated Office to maintain the effect of the international application and to excuse the delay (see paragraphs 6.022 to 6.027). Delaying of national phase until expiry of 30 months. If there have been any amendments under Article 19 which are not annexed to the international preliminary report on patentability (Chapter II of the PCT), a translation of those amendments need not be furnished to most elected Offices. Substantial discounts for national phase entry … 4.018. 4.012. Madrid – The International Trademark System, Lisbon – The International System of Geographical Indications, Budapest – The International Microorganism Deposit System, Centralized Access to Search and Examination (CASE), SCCR - Standing Committee on Copyright and Related Rights, SCP - Standing Committee on the Law of Patents, SCT - Standing Committee on the Law of Trademarks, IGC - Intergovernmental Committee on IP & GR, TK & Folklore.