The new amendment of the Regulations under the PCT came into force on April 1, 2007. Eleven rules totaling to twenty-five articles have been amended, marking one of the largest recent amendments to the PCT rules by the WIPO in consultation with different parties to adapt to the international reality.

This amendment made two significant additions. One addition is to provide a means where the omission of a part or element of an international application can be incorporated by reference to items or parts in the priority document within a given period without loss of the filing date; The other addition is to allow restoration of priority within a given period. In addition, Rule 91 has been substantially revised to remove some obvious mistakes in the provision, clarifying the definition of rectifiable mistakes. Korean patent documents have also been added to the minimum documentation to be searched. For the missing part and restoration of priority of an international application, China has accepted these provisions as a Receiving Office, but has made reservations as a Designated Office and Selected Office.

As this new amendment became effective, the World Intellectual Property Office (WIPO) also made available a group of new forms and revised original forms. Prior to April 1, the PCT Division of Preliminary Examination and Flow Management Department under the SIPO launched the translation and research of these new rules, translation and preparation of relevant forms and revision to declaration of entering the national phase in China of a PCT application (PCT/CN/501 Form).

Sources say the PCT Division also made timely updates to such forms as international search report and international preliminary examination report to facilitate examiners’ ease of use. Around mid March, the PCT Division also made the International Application Request (Form PCT/RO/101) and Declaration of entering the national phase in China of a PCT application (Form PCT/CN/501) and the latest version of PCT-SAFE User Guide into CD for distribution to relevant IP agents. New forms are available for use as from April 1, 2007.

 

2007-04-11

2007-04-11