Filing requirements in Brazil Where the applicant fails to furnish the translation of the reference, the designated Office may invite him to do so if it deems necessary. The fees annex to each National Chapter contains this information. Although some designated Offices may require the applicant to furnish any such indications at the time the acts referred to in Article 22 or Article 39 are performed, many designated Offices would allow the applicant to furnish such indications or, where applicable, convert from one kind of protection to another, at a later time as provided by national law. There are only a few that do require a copy where the communication by the International Bureau of a copy of the international application under Article 20 has not, or could not yet have, taken place (for details, see the National Chapters (Summary)). Late national phase entryinto the Singapore national phase is possible up to 38 months from the earliest claimed priority date. CH-1211 Geneva 20, Switzerland. Must any statement explaining amendments made to the claims under Article 19 be translated? Must declarations or evidence submitted with a request for restoration of the right of priority during the international phase be translated? A PCT application must be filed no later than 12 months from the priority application’s filing date, and reserves your right to enter over 140 countries that are members of the PCT. PCT time limit calculator calculates the time limits for submission of priority document, international publication and entry into the national phase. PCT is Patent Cooperation Treaty, it provides unified procedure for filing patent applications in each stage. Note that detailed information on the excusing of delays in meeting time limits before certain designated/elected Offices is contained in the corresponding National Chapters of the PCT Applicant’s Guide. 4.004. 4.028. The designated Offices have the right to require a translation of the claims both as originally filed and as amended under Article 19. The U.S. patent statute refers to possible revival in only two situations: failure to respond to an official action within six months of its issue [35 USC 133] and failure to enter the U.S. national phase of a PCT application within thirty months of the claimed priority date [35 USC371(d)]. What are the consequences of failure to perform the acts required for entry into the national phase? A translation of the amendments annexed to the report must be furnished together with the translation of the international application within the applicable time limit under Article 39(1). 4.1.10. Each National Chapter (Summary) lists what the translation must comprise for the designated Office concerned. 4.020. Language of further correspondence. In which case must the international application be translated? 4.015. One is to furnish new sheets of drawings, tables, etc., containing the translated text matter. The official language of the U.S. patent application is English. One benefit of a bypass continuation-in-part application is the ability to expand the disclosure to add new embodiments developed since the international filing date. 4.005. 4.006. Where a drawing, a table or the like contains text matter, that text matter must be translated. A Euro-PCT application is examined for patentability in the same way as any other European Patent application and confers the same rights. Offices may require only the furnishing of a copy of the original drawing(s), and few actually do so. Applications filed in Dutch. The time limit for German national phase entry of a PCT application is 30 months from the date of priority. An international application designating the U.S. will enter the national stage via the U.S. If such indications are required, most of the designated Offices will invite the applicant to furnish them if he fails to do so on entering the national phase, but some of them will not. Filing requirements in the U.S. 4.019. What is the language into which the international application must be translated? As a result, if the applicant wishes the international application to be treated in a designated Office as an application not for the grant of a patent but for the grant of another kind of protection available for the designated Office, or for the grant of more than one kind of protection, the applicant is required to indicate his choice of protection to the designated Office when performing the acts to enter the national phase. As to translations of the claims as amended under Article 19 in a case where the international application has been the subject of international preliminary examination, see paragraph 4.019. Declarations are part of the request form and therefore translation of declarations must be furnished only when the designated Office requires the applicant to furnish a translation of the request (see paragraphs 4.012 and 4.013). Madrid – The International Trademark System, Lisbon – The International System of Geographical Indications, Budapest – The International Microorganism Deposit System, Centralized Access to Search and Examination (CASE), SCCR - Standing Committee on Copyright and Related Rights, SCP - Standing Committee on the Law of Patents, SCT - Standing Committee on the Law of Trademarks, IGC - Intergovernmental Committee on IP & GR, TK & Folklore, African Regional Intellectual Property Organization, African Intellectual Property Organization. This term may be restored for two additional months provided that the failure to file an application under the PCT in due time was unintentional. USA National Phase Entry Requirements. Where several languages are given, the applicant may choose the language which suits him best. The restoration of this time limit is not possible. Details are given in the National Chapters (Summary). Transmittal Letter to US Designated/ Elected Office (Form PTO-1390) Perhaps the most common, and most important, question we field here at inovia relates to when the PCT application needs to enter the national phase (or stage; the terms are interchangeable).The national stage filing deadlines occur 30 or 31-months from the earliest priority date claimed by your PCT application. The usual way of translating the request is to transfer the data contained in the request of the international application as filed to a request form in the language of the translation.
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