United States Patent and Trademark Office

OG Notices: 12 September 2006

Patent Cooperation Treaty (PCT) Information

For information concerning PCT member countries, see the notice

appearing in the Official Gazette at 1308 O.G. 38, on July 11, 2006.

European Patent Office as Searching and Examining Authority

The European Patent Office (EPO) may act as the International Searching Authority (ISA) for an international application filed with the United States Receiving Office or the International Bureau (IB) as Receiving Office where at least one of the applicants is either a national or resident of the United States of America. However, the EPO is no longer a competent ISA, within the meaning of PCT Article 16(3), for international applications filed by U.S. residents or nationals on or after 01 March 2002 in the USPTO or IB as a Receiving Office, and where the application contains one or more claims directed to the field of business methods. For the definition of what the EPO considers to be

precluded subject matter in the field of business methods, applicants

should see the "Notice from the President of the European Patent Office," dated 26 November 2001, and which was published as Annex A in

the "Notice Concerning EPO Competence to Act as PCT Authority" in the Official Gazette at 1255 O.G. 878, on February 19, 2002.

The European Patent Office may act as the International

Preliminary Examining Authority (IPEA) for an international application

filed in the United States Receiving Office or the International Bureau

as Receiving Office where at least one of the applicants is either a

national or resident of the United States of America, provided that the

European Patent Office acted as the International Searching Authority.

However, the EPO is no longer a competent IPEA, within the meaning of

PCT Article 32(3), for international applications filed by U.S.

residents or nationals in the USPTO or IB as a Receiving Office where

the corresponding demand is filed with the EPO on or after 01 March

2002, and where the application contains one or more claims directed to

the fields of business methods.

The EPO resumed its competence as an International Searching

Authority and International Preliminary Examining Authority, effective

January 1, 2004, for international applications filed by nationals or

residents of the United States of America where the application

contains one or more claims relating to the field of biotechnology.

This change was announced in the Official Gazette at 1277 O.G. 230, on

December 30, 2003.

The EPO resumed its competence as an International Preliminary

Examining Authority, effective July 1, 2004, for demands filed by U.S.

residents or nationals on or after July 1, 2004, for international

applications filed by nationals or residents of the United States of

America where the application contains one or more claims relating to

the field of telecommunications. This change was announced in the

Official Gazette at 1277 O.G. 230, on December 30, 2003.

The search fee of the European Patent Office was increased,

effective April 1, 2006, and was announced in the Official Gazette

at 1305 O.G. 40, on April 11, 2006.

Korean Intellectual Property Office as Searching and Examining Authority

For use of the Korean Intellectual Property Office as an International Searching Authority and International Preliminary Examining Authority for international applications filed in the United States Receiving Office, see the notice appearing in the Official Gazette at 1302 O.G. 1261 on January 17, 2006.

The search fee of the Korean Intellectual Property Office was increased, effective May 15, 2006, and was announced in the Official Gazette at 1306 O.G. 90, on May 16, 2006.

Fees

International fees were changed, effective on January 1, 2006,

due to a change in the exchange rate of the U.S. dollar with regard to

the Swiss franc, and were announced in the Official Gazette at 1301

O.G. 80 on December 20, 2005.

The schedule of PCT fees (in U.S. dollars), as of May 15, 2006,

is as follows:

International Application (PCT Chapter I) fees:

Transmittal fee: $300.00

Search Fee

U.S. Patent and Trademark Office (USPTO) as

International Searching Authority (ISA)

- Corresponding prior U.S. national

application has been filed under 35 U.S.C.

111(a),

(i) prior to December 8, 2004, the basic filing

fee under 37 CFR 1.16(a) has been paid, or

(ii) on or after December 8, 2004, the basic

filing fee under 37 CFR 1.16(a), the search

fee under 37 CFR 1.16(k) and the examination

fee under 37 CFR 1.16(o) have been paid and

the prior U.S. national application is

identified by the application number if known,

or if the application number is not known, by

the filing date, title and name of applicant

(and preferably by the application docket

number), in the international application or

accompanying the papers at the time of filing

of the international application $300.00

- All other situations (including situation wherein no

prior corresponding US national application has been

filed under 35 USC 111(a)) $1,000.00

- Supplemental search fee, per additional

invention (payable only upon invitation) $1,000.00

European Patent Office as ISA $1,925.00

Korean Intellectual Property Office as ISA $232.00

International fees

International filing fee $1,086.00

Supplemental fee for each page over 30 $12.00

(A reduction of $78 in the international fees is available in certain

cases where PCT-EASY software is used to prepare the request, provided

that the necessary conditions are met. See 1217 OG 131

(December 29, 1998)).

International Application (PCT Chapter II) fees associated

with filing a Demand for Preliminary Examination:

Handling fee $155.00

Preliminary examination fee

USPTO as International Preliminary

Examining Authority (IPEA)

- USPTO was ISA in PCT Chapter I $600.00

- USPTO was not ISA in PCT Chapter I $750.00

- Additional preliminary examination fee,

per additional invention

(payable only upon invitation) $600.00

Certain domestic fees have been changed, effective December 8, 2004,

in accordance with the Consolidated Appropriations Act of 2005 and

by a revision in USPTO rules adjusting search and examination fees,

effective July 1, 2005. The change in search and examination

fees was announced in the Federal Register on June 20, 2005.

Small

U.S. National Stage fees Entity Regular

Basic National fee $150.00 $300.00

Search Fee

Where the written opinion prepared by

ISA/US or the international

preliminary examination report

prepared by the IPEA/US indicates

that all claims satisfy provisions

of PCT Article 33(1)-(4) $0.00 $0.00

USPTO was ISA $50.00 $100.00

USPTO was neither ISA nor IPEA

- Search report has been prepared

by an ISA other than the US

and is provided, or previously

communicated by the

International Bureau, to the

Office $200.00 $400.00

- All other situations $250.00 $500.00

Examination Fee

Where the written opinion prepared by

ISA/US or the international

preliminary examination report

prepared by the IPEA/US indicates

that all claims satisfy provisions

of PCT Article 33(1) to (4) $0.00 $0.00

All other situations $100.00 $200.00

Other National fees

For each independent claim

in excess of 3 $100.00 $200.00

For each claim in excess of 20 $25.00 $50.00

For each application containing

a multiple dependent claim $180.00 $360.00

For every 50 sheets or fraction thereof

of the specification and drawings that

exceed 100 sheets (excluding any

sequence listing or computer program

listing filed in an electronic medium) $125.00 $250.00

Surcharge for filing any of the search fee,

the examination fee, or the oath or

declaration after the date of commencement

of the national stage (37 CFR 1.491(a))

pursuant to 37 CFR 1.495(c) $65.00 $130.00

Processing fee for filing English

translation later than 30 months after the

priority date (37 CFR 1.495(c) and (e)) $130.00 $130.00

June 15, 2006 JON W.DUDAS

Under Secretary of Commerce for

Intellectual Property and Director of the

United States Patent and Trademark Office

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From www.uspto.gov/web/offices/com/sol/og/2006/week37/patpcti.htm 12 October 2006