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Newsletters and Bulletins / March 2004 / Patent Cooperation Treaty

Patent Cooperation Treaty (PCT) - Elimination of Requirement to Request International Preliminary Examination at 19 Months

In our August 2002 Newsletter, we reported a change in the PCT rules to enable applicants to delay national phase entry until thirty months from the earliest claimed priority date, irrespective of whether a demand had been made for International Preliminary Examination. We also noted that, for the time being, the rule change would not apply for certain countries because changes in domestic legislation were required. Most countries that we then listed have by now made the necessary changes to their domestic laws so that it is now possible to delay national phase entry in them to thirty-months from priority without having made a demand for examination. There are, however, still a few countries where delay of national phase entry to thirty months from priority is only possible if such a demand has been filed. They are Brazil, Norway, Serbia and Montenegro, Tanzania, Uganda and Zambia. Singapore changed its law to accommodate the new thirty-month term with effect from January 1, 2004. Additionally, Finland, Sweden and Switzerland have still not amended their laws with respect to direct national phase entry out of the PCT, although it is clear that when securing protection in them through the European Patent Office, the regional phase entry for a European application designating such countries may be delayed until thirty months from priority, irrespective of whether a demand for examination has been filed.


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