As reported in our February 2002 Newsletter, the Patent Cooperation Treaty regulations have been amended to permit one to delay national or regional phase entry until thirty months from the earliest claimed priority date, but the immediate effect of this change is dependent on whether it is compatible with the national laws of the countries involved. Most countries have made the necessary amendments.

However, the necessary change is still awaited in some countries. In Japan, the change will become effective on September 1, 2002.

he following countries have advised WIPO that amendment of their national legislation is necessary before the change in PCT will be effective for them, but have not yet indicated when that change will be made:

So far as countries which are part of the European Patent Convention are concerned, a PCT regional phase entry effected with the European Patent Office within thirty-one months of the earliest priority date will be effective to result in valid rights in member countries as long as the European Patent is granted and national completion effected, irrespective of whether International Preliminary Examination was requested within the term which applies for PCT national phase entry in such country.

The fact that such important countries as Brazil, China and South Korea have not yet made the necessary changes in their domestic legislation to implement the PCT changes means that, for the most part, it would for the time being be unwise to rely on the PCT changes and fail to file a demand for international preliminary examination if one wishes to delay national or regional phase entry beyond twenty months from the earliest claimed priority date.