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Newsletters and Bulletins / December 1997 / Patent Cooperation Treaty |
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Patent Cooperation Treaty - Rule Changes A number of changes to the rules of the Patent Cooperation Treaty have been adopted. The following will come into effect on July 1, 1998. 1) At present international patent applications must be filed in a language that is acceptable to the International Search Authority competent for that application. Under the new rules, Receiving Offices will be permitted to accept applications in any language as long as a translation is filed subsequently into a language that is accepted by the competent search authority.
2) The rules relating to claiming or adding a priority date are to be relaxed so that it will be possible to submit a claim that the international application is entitled to convention priority at any time up to 16 months from the date claimed as long as that claim is made within four months of the international filing date. 3) If a demand for International Preliminary Examination is filed at the wrong office, henceforth instead of being void, it will be transmitted to the International Bureau for appropriate action. 4) For applications filed on or after July 1, 1998, after the international publication, third party access to documents filed in the international phase will be made easier in those countries where access to files is permitted under national law. 5) The rules relating to nucleotide and amino acid sequence listings are to be amended to ensure that a single format is acceptable to all Receiving Offices, International Search Authorities and International Preliminary Examination Authorities. 6) The rules relating to microorganism deposits are to be expanded to cover other types of biological materials. |
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