PCT Rule Changes – 1 July 2010

The eagle-eyed among you may have noticed some minor changes to the PCT Rules that came into force on 1 July 2010. Changes to practice appear negligible.

Amendments (to keep the EPO happy):

  • You need to provide basis for claim amendments (Rules 46.5(iii) , 66.8(a),(c)).
  • Penalty for non-compliance: International Preliminary Examination Authority (IPEA) may ignore your amendments when drawing up the International Preliminary Examination Report (IPER – Rule 70.2(c-bis) ).

Supplementary International Search (SIS – this came in on 1 January 2009: keep up):

  • The Supplementary International Search Authority (SISA) may consider a SIS-request not to have been made if it covers claims it will/can not search (Rule 45bis.5(g),(h)). For example, EPO will not search business methods from the US.
  • SISA may limit the number of claims they search (Rule 45bis.9(c)).

Fee Amounts (stop reading – not important):

  • The calculations used to come up with non-Swiss currency equivalents have changed.

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