New time limits for PCT applications to enter the national or regional phase without preliminary examination

Generally, PCT applications can enter the national (or regional) phase with or without requesting international preliminary examination. Presently, different time limits for the national phase entry apply dependent on whether an examination request was filed. For this reason, the international preliminary examination procedure was often used to delay entry into the national phase even though such applicants may not even have any interest in using the international preliminary examination report.

To reduce the workload of the offices acting as International Preliminary Examination Authorities, it has now been decided to change the time limit for PCT applications to enter the national or regional phase without preliminary examination. Thus, applicants who are not interested in the examination report but wish to have the entry into the national (and regional) phase delayed will benefit from the fact that the delay will be available without having to pay the fees associated with filing the examination demand.

In more detail, the PCT Assembly decided, with effect from 1 April 2002, to change the time limit under Article 22(1) PCT for performing the acts necessary to enter the national phase from 20 to 30 months from the priority date. As a result, the time limit for national phase entry under PCT Article 22(1) will be the same as that which applies under PCT Article 39(1)(a) (that is, the time limit which applies where the applicant files a demand for international preliminary examination within 19 months from the priority date).

The Administrative Council of the European Patent Organisation decided to amend Rule 107(1) EPC which defines the time limit for entering the European regional phase. According to the amended Rule, the thirty-one months period will also apply to PCT applications entering the European regional phase at the end of the PCT Chapter I phase without requesting international preliminary examination. This amendment will enter into force on 2 January 2002. [more]