Impact of COVID-19 on PCT: Current Updates and Guidelines
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WIPO HQ Geneva, April 23, 2020
Mr. Matthias Reischle-Park
Deputy Director
PCT Legal and User Relations Division
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Current Situation (1)
•
Are receiving Offices (ROs) still open for business?
Most ROs remain open (including RO/IB) for the filing
of international applications
Some ROs are only accepting international
applications in electronic form
Some ROs are not open to accept applications (see
)dex.xhtmlhttps://www.wipo.int/pct/dc/closeddates/faces/page/in
Current Situation (2)
•
Impact on number of international applications filed?
Not yet known
Decrease in filings possible
•
Disruption of postal and private delivery services
Mail delivery disrupted in many countries
Private delivery services: also affected
•
Situation is changing on a daily basis; please continue to
monitor the situation in your country carefully
Current Situation at the IB (1)
•
Almost all staff working remotely - most services being
delivered as normal
•
RO/IB open to receive international applications
Best through electronic filing software (ePCT, PCT
SAFE)
If not possible, use Contingency Upload Service
If nothing else possible: fax filings would be last
option
Paper filings to be avoided due to disruption of postal
and private delivery services in many countries
•
Processing of international applications at IB generally
ensured
Current Situation at the IB (2)
•
Forms and communications are currently provided to
applicants and Offices only in electronic form
Access Forms in ePCT or (post-publication) on
PATENTSCOPE
Forms are sent as PDF-attachments
Priority documents and certified copies of documents in
the file of the IB issued in electronic form only
Rely on the Digital Access Service (DAS) where possible
Applicants need to provide e-mail addresses, if they have
not yet done so, to allow IB to send Forms and other
communications as e-mail attachments
(
https://www.wipo.int/pct/en/news/2020/news_0008.html
)
Current Situation at the IB (3)
•
Submissions of documents to the IB:
Preferably in electronic form only:
ePCT (with or without strong authentication)
Contingency Upload Service
Fax, if nothing else works
•
Information on how to best communicate electronically
with the IB available on the PCT website
(
https://www.wipo.int/pct/en/news/2020/news_0008.html
)
Particular safeguards under the PCT (1)
•
P
CT does not currently provide for a general extension of time
limits except where Offices are officially closed
•
Local
measures which extend national time limits do
not
apply to
PCT time limits during the international phase but may apply to
time limits during the national phase
•
Priority period:
Only where an Office has declared itself closed for the filing
of applications will the protection of Article 4C(3) of the Paris
Convention apply
Where Offices remain open, restoration of the priority right
(Rule 26
bis
.3 and 49
ter
) may be relied upon (where
available)
Particular safeguards under the PCT (2)
•
Rule 82
quater
.1 - excuse of delay in meeting time limits
“due to … natural calamity … or other like reason”
Rule 82
quater
.1 applies to all time limits under the PCT
(e.g. payment of fees, furnishing of priority documents,
correction of priority claims, etc.), except to the priority
period and the time limit to enter national phase
IB will treat requests favorably
Not require evidence that virus affected locality
Director General urges national Offices to do same
(https://www.wipo.int/pct/en/news/2020/news_0009.html)
•
Rules 80.6 and 82: delays in the mail (5- and 7-day-rule)
Particular safeguards under the PCT (3)
•
Delayed issuance of Form PCT/RO/117 (“Notification that
International Application Considered to be Withdrawn”) by
RO/IB
where applicant has not paid all required fees
RO/IB will issue Form PCT/RO/133 inviting to pay all
outstanding fees (however without charging a late
payment fee)
RO/IB will not issue Form PCT/RO/117 before
July 1, 2020 (declaring international applications to be
considered withdrawn for lack of payment of fees)
Director General urges all receiving Offices to do the
same
(
https://www.wipo.int/pct/en/news/2020/news_0009.html
)
Particular safeguards under the PCT (4)
•
Missing of time limit under Articles 22 and 39 to enter the
national phase
Rely on safeguard of Rule 49.6
More favorable national provisions to reinstate your
international application before a DO/EO could also
apply
More information
•
Latest information linked from “COVID-19 Update” box at
top of main PCT page:
www.wipo.int/pct/
•
Similar information for Madrid and Hague systems
available from those pages and linked from PCT
information page
•
Tool to Track IP Policy Information in Member States
during COVID-19 Pandemic:
https://www.wipo.int/covid19-
policy-tracker/#/covid19-policy-tracker/ipo-operations
The COVID-19 health crisis has impacted the PCT system, affecting receiving offices, international applications, and operations at the IB. Most ROs are open for electronic filings, but disruptions in postal services may lead to a decrease in filings. IB staff are working remotely, and services are being delivered with minimal disruption. Forms and communications are provided electronically, emphasizing the use of digital services. Stay updated on the evolving situation and follow guidelines to ensure smooth processing of international applications.
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Presentation Transcript
Impact of COVID-19 health crisis on the PCT Webinar WIPO HQ Geneva, April 23, 2020 Mr. Matthias Reischle-Park Deputy Director PCT Legal and User Relations Division
Current Situation (1) Are receiving Offices (ROs) still open for business? Most ROs remain open (including RO/IB) for the filing of international applications Some ROs are only accepting international applications in electronic form Some ROs are not open to accept applications (see https://www.wipo.int/pct/dc/closeddates/faces/page/in dex.xhtml ) Impact of COVID-19 on the PCT-2 26.05.2020
Current Situation (2) Impact on number of international applications filed? Not yet known Decrease in filings possible Disruption of postal and private delivery services Mail delivery disrupted in many countries Private delivery services: also affected Situation is changing on a daily basis; please continue to monitor the situation in your country carefully Impact of COVID-19 on the PCT-3 26.05.2020
Current Situation at the IB (1) Almost all staff working remotely - most services being delivered as normal RO/IB open to receive international applications Best through electronic filing software (ePCT, PCT SAFE) If not possible, use Contingency Upload Service If nothing else possible: fax filings would be last option Paper filings to be avoided due to disruption of postal and private delivery services in many countries Processing of international applications at IB generally ensured Impact of COVID-19 on the PCT-4 26.05.2020
Current Situation at the IB (2) Forms and communications are currently provided to applicants and Offices only in electronic form Access Forms in ePCT or (post-publication) on PATENTSCOPE Forms are sent as PDF-attachments Priority documents and certified copies of documents in the file of the IB issued in electronic form only Rely on the Digital Access Service (DAS) where possible Applicants need to provide e-mail addresses, if they have not yet done so, to allow IB to send Forms and other communications as e-mail attachments (https://www.wipo.int/pct/en/news/2020/news_0008.html) Impact of COVID-19 on the PCT-5 26.05.2020
Current Situation at the IB (3) Submissions of documents to the IB: Preferably in electronic form only: ePCT (with or without strong authentication) Contingency Upload Service Fax, if nothing else works Information on how to best communicate electronically with the IB available on the PCT website (https://www.wipo.int/pct/en/news/2020/news_0008.html) Impact of COVID-19 on the PCT-6 26.05.2020
Particular safeguards under the PCT (1) PCT does not currently provide for a general extension of time limits except where Offices are officially closed Local measures which extend national time limits do not apply to PCT time limits during the international phase but may apply to time limits during the national phase Priority period: Only where an Office has declared itself closed for the filing of applications will the protection of Article 4C(3) of the Paris Convention apply Where Offices remain open, restoration of the priority right (Rule 26bis.3 and 49ter) may be relied upon (where available) Impact of COVID-19 on the PCT-7 26.05.2020
Particular safeguards under the PCT (2) Rule 82quater.1 - excuse of delay in meeting time limits due to natural calamity or other like reason Rule 82quater.1 applies to all time limits under the PCT (e.g. payment of fees, furnishing of priority documents, correction of priority claims, etc.), except to the priority period and the time limit to enter national phase IB will treat requests favorably Not require evidence that virus affected locality Director General urges national Offices to do same (https://www.wipo.int/pct/en/news/2020/news_0009.html) Rules 80.6 and 82: delays in the mail (5- and 7-day-rule) Impact of COVID-19 on the PCT-8 26.05.2020
Particular safeguards under the PCT (3) Delayed issuance of Form PCT/RO/117 ( Notification that International Application Considered to be Withdrawn ) by RO/IB where applicant has not paid all required fees RO/IB will issue Form PCT/RO/133 inviting to pay all outstanding fees (however without charging a late payment fee) RO/IB will not issue Form PCT/RO/117 before July 1, 2020 (declaring international applications to be considered withdrawn for lack of payment of fees) Director General urges all receiving Offices to do the same (https://www.wipo.int/pct/en/news/2020/news_0009.html) Impact of COVID-19 on the PCT-9 26.05.2020
Particular safeguards under the PCT (4) Missing of time limit under Articles 22 and 39 to enter the national phase Rely on safeguard of Rule 49.6 More favorable national provisions to reinstate your international application before a DO/EO could also apply Impact of COVID-19 on the PCT-10 26.05.2020
More information Latest information linked from COVID-19 Update box at top of main PCT page: www.wipo.int/pct/ Similar information for Madrid and Hague systems available from those pages and linked from PCT information page Tool to Track IP Policy Information in Member States during COVID-19 Pandemic: https://www.wipo.int/covid19- policy-tracker/#/covid19-policy-tracker/ipo-operations Impact of COVID-19 on the PCT-11 26.05.2020
