PCT application deadlines

Question 1

What is the deadline for filing an international application claiming priority?

Answer 1

12 mo. after priority filing

Question 2

Where should the international application be filed?

Answer 2

At Receiving Office (RO) or International Bureau (IB)

Question 3

What happens if the Receiving Office is not competent?

Answer 3

The application is forwarded to the International Bureau (IB)

Question 4

Does priority year extend to the next open day?

Answer 4

Yes

Question 5

What is the deadline for restoration of priority?

Answer 5

14 mo. from priority filing. NB This safeguard is reassessed in national phase - not all states accept it, may impose “all due care” or “unintentional” requirement.

Question 6

What must be paid within 1 month of filing?

Answer 6

International Filing Fee, Search Fee, Transmittal Fee

Question 7

What happens if International Filing Fee, Search Fee and Transmittal Fee are not paid on time?

Answer 7

Payment within 1 mo. of invitation allowed with 50% late fee.
If payment is made before invitation is issued, then treated as on time.
If still unpaid after 1 mo., but before application declared withdrawn, then treated as valid under extension period.

Question 8

What must be filed with the International Bureau within 16 months?

Answer 8

Certified copy of priority document
Considered timely recieved if received at IB before publication, even if after 16 mo. from priority

Question 9

What happens if the priority claim is changed/abandoned?

Answer 9

Calculation of dates changes

Question 10

When can a priority claim be changed/added?

Answer 10

Later of 16 mo. from earliest priority or 4 mo. from international filing.

Question 11

When is the International Search Report (ISR) and First Written Opinion received?

Answer 11

Within 16 mo. from priority (or 9 mo. for PCT direct filing)

Question 12

What options are available when evaluating the ISR? And what is the deadline?

Answer 12

Withdraw, Amend claims (Article 19), or Do nothing. Later of 2 mo. from issuance of ISR or 16 mo. from priority.

Question 13

What happens if claims are found to lack unity in ISR-WO?

Answer 13

Invited to pay further search fee within 1 mo. from invitation
May file protest against additional search fee with protest fee (within 1 mo. )

Question 14

What is the publication date for the international application?

Answer 14

18 mo. from priority

Question 15

What is the last chance to withdraw without publication?

Answer 15

15 days before publication date NB Can delay publication by withdrawing earliest priority before preparations are complete. However, this risks validity issues due to intervening publications.

Question 16

When is the Written Opinion from IPEA received?

Answer 16

Within 21 mo. from priority, with deadline (typically 2 mo.) for response or amendments

Question 17

What is the deadline for filing a demand for international preliminary examination (IPER)?

Answer 17

Later of 22 mo. from priority or 3 mo. from issuance of ISR.
Can amend claims, description and drawings.

Question 18

When must the demand fees (preliminary examination fee + handling fees) be paid?

Answer 18

23 mo. from priority. Otherwise, payment within 1 mo. from invitation with surcharge.

Question 19

When is the International Preliminary Examination Report (IPER) received?

Answer 19

28 mo. from priority

Question 20

When is the deadline for national phase entry in US, JP, CN, CA?

Answer 20

30 mo. from priority

Question 21

What is the safeguard for late entry in the US?

Answer 21

Petition to revive, then file continuation

Question 22

What is the safeguard for late entry in CN?

Answer 22

Up to 2 mo. with surcharge.

Question 23

What is the safeguard for late entry in CA?

Answer 23

Up to 1 year with surcharge. Must also declare that delay was unintentional.

Question 24

When is the deadline for national phase entry in EP and GB?

Answer 24

31 mo. from priority

Question 25

What options are available for late entry in EP?

Answer 25

Further processing within 2 mo. and re-establishment possible within 12 mo. of missed deadline or 2 mo. from the removal of non-compliance.

Question 26

What options are available for late entry in GB?

Answer 26

2 mo. extension.

Question 27

Can inventor/applicant/representative/address /assignment details be corrected?

Answer 27

Yes, by written request.

Question 28

What is the deadline for correcting obvious mistakes?

Answer 28

26 mo. from priority

Question 29

What is the deadline for submitting missing parts?

Answer 29

Within 2 mo. from filing or 2 mo. notice from RO

Question 30

What is the deadline for filing third party observations? And what is the deadline for the applicant's response?

Answer 30

from publication to 28 mo. from priority and 30 mo. from priority

Question 31

What is the deadline for changing the applicant details?

Answer 31

30 mo. from priority