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PCT Demand Form. This is a Official Federal Forms form and can be use in PCT US Patent Office.
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Tags: PCT Demand, PCT IPEA-401, Official Federal Forms US Patent Office, PCT
The demand must be filed directly with the competent International Preliminary Examining Authority or, if two or more Authorities are competent,
with the one chosen by the applicant. The full name or two-letter code of that Authority may be indicated by the applicant on the line below:
IPEA/
PCT
CHAPTER II
DEMAND
under Article 31 of the Patent Cooperation Treaty:
The undersigned requests that the international application specified below be the subject of
international preliminary examination according to the Patent Cooperation Treaty.
For International Preliminary Examining Authority use only
Identification of IPEA
Box No. I
Date of receipt of DEMAND
IDENTIFICATION OF THE INTERNATIONAL APPLICATION
International application No.
International filing date (day/month/year)
Applicant’s or agent’s file reference
(Earliest) Priority date (day/month/year)
Title of invention
Box No. II
APPLICANT(S)
Name and address: (Family name followed by given name; for a legal entity, full official designation.
Telephone No.
The address must include postal code and name of country.)
Facsimile No.
Applicant’s registration No. with the Office
E-mail authorization: Marking one of the check-boxes below authorizes the International Bureau and the International Preliminary Examining
Authority to use the e-mail address indicated in this Box to send notifications issued in respect of this international application if those offices
are willing to do so.
exclusively in electronic form (no paper notifications will be sent).
as advance copies followed by paper notifications; or
E-mail address: __________________________________________________________________________
State (that is, country) of nationality:
State (that is, country) of residence:
Name and address: (Family name followed by given name; for a legal entity, full official designation. The address must include postal code and name of country.)
State (that is, country) of nationality:
State (that is, country) of residence:
Further applicants are indicated on a continuation sheet.
Form PCT/IPEA/401 (first sheet) (16 September 2012)
See Notes to the demand form
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Sheet No. . . .
Continuation of Box No. II
International application No.
APPLICANT(S)
If none of the following sub-boxes is used, this sheet should not be included in the demand.
Name and address: (Family name followed by given name; for a legal entity, full official designation. The address must include postal code and name of country.)
State (that is, country) of nationality:
State (that is, country) of residence:
Name and address: (Family name followed by given name; for a legal entity, full official designation. The address must include postal code and name of country.)
State (that is, country) of nationality:
State (that is, country) of residence:
Name and address: (Family name followed by given name; for a legal entity, full official designation. The address must include postal code and name of country.)
State (that is, country) of nationality:
State (that is, country) of residence:
Name and address: (Family name followed by given name; for a legal entity, full official designation. The address must include postal code and name of country.)
State (that is, country) of nationality:
State (that is, country) of residence:
Further applicants are indicated on another continuation sheet.
Form PCT/IPEA/401 (continuation sheet) (16 September 2012)
See Notes to the demand form
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International application No.
Sheet No. . . .
Box No. III AGENT OR COMMON REPRESENTATIVE; OR ADDRESS FOR CORRESPONDENCE
The following person is
and
agent
common representative
has been appointed earlier and represents the applicant(s) also for international preliminary examination.
is hereby appointed and any earlier appointment of (an) agent(s)/common representative is hereby revoked.
is hereby appointed, specifically for the procedure before the International Preliminary Examining Authority, in addition to
the agent(s)/common representative appointed earlier.
Name and address: (Family name followed by given name; for a legal entity, full official designation. Telephone No.
The address must include postal code and name of country.)
Facsimile No.
Agent’s registration No. with the Office
E-mail authorization: Marking one of the check-boxes below authorizes the International Bureau and the International Preliminary Examining
Authority to use the e-mail address indicated in this Box to send notifications issued in respect of this international application if those offices
are willing to do so.
exclusively in electronic form (no paper notifications will be sent).
as advance copies followed by paper notifications; or
E-mail address: ___________________________________________________________________________
Address for correspondence: Mark this check-box where no agent or common representative is/has been appointed and the
space above is used instead to indicate a special address to which correspondence should be sent.
Box No. IV BASIS FOR INTERNATIONAL PRELIMINARY EXAMINATION
Statement concerning amendments:*
1. The applicant wishes the international preliminary examination to start on the basis of:
the international application as originally filed
the description
as originally filed
as amended under Article 34
the claims
as originally filed
as amended under Article 19
as amended under Article 34
the drawings
as originally filed
as amended under Article 34
2.
The applicant wishes any amendment to the claims under Article 19 to be considered as reversed.
3.
Where the IPEA wishes to start the international preliminary examination at the same time as the international search in
accordance with Rule 69.1(b), the applicant requests the IPEA to postpone the start of the international preliminary
examination until the expiration of the applicable time limit under Rule 69.1(d).
The applicant expressly wishes the international preliminary examination to start earlier than at the expiration of the
applicable time limit under Rule 54bis.1(a).
4.
*
Where no check-box is marked, international preliminary examination will start on the basis of the international application
as originally filed or, where a copy of amendments to the claims under Article 19 and/or amendments of the international application
under Article 34 are received by the International Preliminary Examining Authority before it has begun to draw up a written opinion
or the international preliminary examination report, as so amended.
Language for the purposes of international preliminary examination: _______________________________________________
which is the language in which the international application was filed.
which is the language of a translation furnished for the purposes of international search.
which is the language of publication of the international application.
which is the language of the translation (to be) furnished for the purposes of international preliminary examination.
Box No. V
ELECTION OF STATES
The filing of this demand constitutes the election of all Contracting States which are designated and are bound by Chapter II of the
PCT.
Form PCT/IPEA/401 (second sheet) (16 September 2012)
See Notes to the demand form
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International application No.
Sheet No. . . .
Box No. VI CHECK LIST
The demand is accompanied by the following elements, in the language referred to in
Box No. IV, for the purposes of international preliminary examination:
For International Preliminary
Examining Authority use only
received
1. translation of international application
:
2. amendments under Article 34
:
sheets
3. letter accompanying the amendments
under Article 34 (Rule 66.8)
:
sheets
4. copy (or, where required, translation) of
amendments under Article 19
:
sheets
5. copy of the letter accompanying the amendments
under Article 19 (Rules 46.5(b) and 53.9)
:
sheets
6. copy (or, where applicable, translation) of any
statement under Article 19 (Rule 62.1(ii))
:
sheets
7. other (specify)
:
not received
sheets
sheets
The demand is also accompanied by the item(s) marked below:
1.
fee calculation sheet
5.
sequence listing in electronic form
2.
original separate power of attorney
6.
3.
original general power of attorney
4.
copy of general power of attorney;
reference number, if any:
other (specify): _______________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Box No. VII SIGNATURE OF APPLICANT, AGENT OR COMMON REPRESENTATIVE
Next to each signature, indicate the name of the person signing and the capacity in which the person signs (if such capacity is not obvious from reading the demand).
For International Preliminary Examining Authority use only
1. Date of actual receipt of DEMAND:
2. Adjusted date of receipt of demand due
to CORRECTIONS under Rule 60.1(b):
4.
5.
The date of receipt of the demand is AFTER the
expiration of 19 months from the priority date and
item 4 or 5, below, does not apply.
6.
The date of receipt of the demand is AFTER the
expiration of the time limit under Rule 54bis.1(a) and
item 7 or 8, below, does not apply.
The applicant has been informed accordingly.
3.
7.
The date of receipt of the demand is WITHIN the time
limit of 19 months from the priority date as extended
by virtue of Rule 80.5.
Although the date of receipt of the demand is after the
expiration of 19 months from the priority date, the
delay in arrival is EXCUSED pursuant to Rule 82.
The date of receipt of the demand is WITHIN the time
limit under Rule 54bis.1(a) as extended by virtue of
Rule 80.5.
8.
Although the date of receipt of the demand is after the
expiration of the time limit under Rule 54bis.1(a), the
delay in arrival is EXCUSED pursuant to Rule 82.
For International Bureau use only
Demand received from IPEA on:
Form PCT/IPEA/401 (last sheet) (16 September 2012)
See Notes to the demand form
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NOTES TO THE DEMAND FORM (PCT/IPEA/401)
These Notes are intended to facilitate the filling in of the demand form and to give some information concerning international
preliminary examination under Chapter II of the Patent Cooperation Treaty (PCT). For more detailed information, see the
PCT Applicant’s Guide, a WIPO publication, which is available, together with other PCT related documents, at WIPO’s website:
www.wipo.int/pct/en/. The Notes are based on the requirements of the PCT, the Regulations and the Administrative Instructions
under the PCT. In case of any discrepancy between these Notes and those requirements, the latter are applicable.
In the demand form and these Notes, “Article”, “Rule” and “Section” refer to the provisions of the PCT, the PCT Regulations
and the Administrative Instructions, respectively.
The demand form shall be typed or printed; check-boxes may be marked by hand with dark ink (Rules 11.9(a) and (b) and 11.14).
The demand form and these Notes may be downloaded from WIPO’s website at the address given above.
IMPORTANT GENERAL INFORMATION
Who May File a Demand? (Article 31(2)(a) and Rule 54):
A demand (for international preliminary examination) may only
be filed by an applicant who is a national or resident of a PCT
Contracting State which is bound by Chapter II of the PCT;
furthermore, the international application must have been filed
with a receiving Office of, or acting for, a State bound by
Chapter II. Where there are two or more applicants (for the
same or different elected States) at least one of them must
qualify.
Where Must the Demand Be Filed? (Article 31(6)(a)):
The demand must be filed with a competent International
Preliminary Examining Authority (IPEA). The receiving Office
with which the international application was filed will, upon
request, give information about the competent IPEA (or see the
PCT Applicant’s Guide, Annex C). If several IPEAs are
competent, the applicant has the choice and the demand must be
filed with (and the fees must be paid to) the IPEA chosen by the
applicant. The IPEA chosen by the applicant may be identified,
preferably by an indication of the name or two-letter code of the
IPEA, at the top of the first sheet of the demand in the space
provided for that purpose.
When Must the Demand Be Filed? (Article 39(1) and
Rule 54bis.1): As long as certain designated Offices are still not
bound by the 30-month time limit under Article 22 for entry into
the national phase, the demand – because it contains the
required election of designated States – must be filed within
19 months from the priority date if the applicant wishes to
postpone entry into the national phase from 20 to 30 months
from the priority date in respect of those designated Offices. For
updated information about those Offices, see the PCT Applicant's
Guide, National Chapters, Summaries, available on the WIPO
website at the address indicated above. It is recalled that the
time limit of 30 months from the priority date applies to all other
designated Offices regardless of whether or not a demand is
filed.
If the applicant wishes to file a demand, but not because of
the reason explained above, the applicable time limit for filing
such demand is three months from the date of transmittal of the
international search report or of the declaration referred to in
Article 17(2)(a), and the written opinion established by the
International Searching Authority or 22 months from the priority
date, whichever expires later (see Rule 54bis.1(a)).
What is the Language of Correspondence? (Rules 55.3
and 92.2 and Section 104): Any letter from the applicant to the
IPEA must be in the same language as the international
application to which it relates. However, where the international
preliminary examination will be carried out on the basis of a
translation (see Notes to Box No. IV), any letter from the
applicant to the IPEA must be in the language of the translation.
The IPEA may authorize the use of other languages for letters
which do not contain or relate to amendments of the international
application. Any letter from the applicant to the International
Bureau must be in English or French, at the choice of the
applicant. However, if the language of the international
application is English, the letter must be in English; if the
language of the international application is French, the letter
must be in French.
BOX No. I
Applicant’s or Agent’s File Reference: A file reference
may be indicated, if desired. It should not exceed 12 characters.
Characters in excess of 12 may be disregarded (Section 109).
Identification of the International Application
(Rule 53.6): The international application number must be
indicated in Box No. I. Where the demand is filed at a time
when the international application number has not yet been
notified by the receiving Office, the name of that Office must
be indicated instead of the international application number.
International Filing Date and (Earliest) Priority Date
(Section 110): Dates must be indicated by the Arabic number
of the day, the name of the month and the Arabic number of the
year – in that order; after, below or above such indication, the
date should be repeated in parentheses, using two-digit Arabic
numerals each for the number of the day and for the number of
the month followed by the number of the year in four digits, in
that order, and separated by periods, slants or hyphens, for
example, “26 October 2012 (26.10.2012)”, “26 October 2012
(26/10/2012)” or “26 October 2012 (26-10-2012)”. Where the
international application claims the priority of several earlier
applications, the filing date of the earliest application whose
priority is claimed must be indicated as the priority date.
Title of the Invention: If a new title has been established
by the International Searching Authority, that title must be
indicated in Box No. I.
Any demand made after the expiration of the applicable
time limit will be considered as if it had not been submitted and
the IPEA shall so declare.
In Which Language Must the Demand Be Filed?
(Rule 55.1): The demand must be filed in the language in which
international preliminary examination will be carried out (see
Notes to Box No. IV).
BOX No. II
Applicant(s) (Rule 53.4): All the applicants for the elected
States must be indicated in the demand. It should be noted that
those persons named as “inventor only” in the request need not
be named in the demand.
Notes to the demand form (PCT/IPEA/401) (page 1) (16 September 2012)
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Insert in Box No. II of the demand the required indications
as in Boxes Nos. II and III of the request. The Notes to the
request apply mutatis mutandis. If there are two or more
applicants for the States elected in the demand, give the required
indications for each of them; if there are more than three
applicants, make the required indications on the “Continuation
Sheet”.
Where an additional person is appointed specifically for the
procedure before the IPEA, all notifications issued by the IPEA
will be addressed only to that additional person.
If different applicants were indicated in the request for
different designated States, there is no need to again indicate in
the demand the States for which a person is applicant, because
those indications have been made in the request.
A separate power of attorney must be filed with the IPEA,
the International Bureau or the receiving Office, if the person
appointed at the time the demand is filed (i.e., was not appointed
earlier) signs the demand on behalf of the applicant (Rule 90.4).
However, the receiving Office, the International Bureau or the
IPEA may waive the requirement that a separate power of
attorney be filed. For details, see the PCT Applicant’s Guide,
Annex B(IB), Annex C and Annex E.
Applicant’s registration number with the Office
(Rule 53.4): Where the applicant is registered with the national
or regional Office that is acting as International Preliminary
Examining Authority, the demand may indicate the number or
other indication under which the applicant is so registered.
Agent’s registration number with the Office (Rule 53.5):
Where the agent is registered with the national or regional Office
that is acting as International Preliminary Examining Authority,
the demand may indicate the number or other indication under
which the agent is so registered.
An E-mail address should be indicated for the person
named in Box No. II in order to allow rapid communication with
the applicant (see Rule 4.4(c)). Any telephone or facsimile
number should include the applicable country and area codes. A
single e-mail address only should be indicated.
Unless one of the applicable check-boxes is marked, any
e-mail address supplied will be used only for the types of
communication which might be made by telephone. If one of the
applicable check-boxes is marked, the International Bureau and
the International Preliminary Examining Authority may, if they
wish to do so, send notifications in respect of the international
application to the applicant by e-mail, thus avoiding processing
or postal delays. Note that not all Offices will send such
notifications by e-mail, (for details about each Office’s procedure
see the PCT Applicant’s Guide, Annex B). If the first check-box
is marked, any such e-mail notification will always be followed
by the official notification on paper. Only that paper copy of the
notification is considered the legal copy of the notification and
only the date of mailing of that paper copy will commence any
time limit within the meaning of Rule 80. If the second checkbox is marked, the applicant requests the discontinuation of the
sending of paper copies of notifications and acknowledges that
the date of mailing indicated on the electronic copy will
commence any time limit within the meaning of Rule 80.
Note that it is the applicant’s responsibility to keep any
e-mail address details up-to-date and to ensure that incoming
e-mails are not blocked, for any reason, on the recipient’s side.
Changes to the e-mail address indicated should be requested to
be recorded, preferably directly at the International Bureau,
under Rule 92bis. Where the e-mail authorization is given both
in respect of the applicant and in respect of an agent or common
representative, the International Bureau and the International
Preliminary Examining Authority will send e-mail
communications only to the appointed agent or common
representative.
BOX No. III
Agent or Common Representative (Rules 53.5, 90.1
and 90.2): Mark the applicable check-boxes to indicate first
whether the person named in this Box is agent or common
representative, then whether that person has been appointed
earlier (i.e., during the procedure under Chapter I), or is
appointed in the demand and any earlier appointment of another
person is revoked, or is appointed specifically for the procedure
before the IPEA (without revocation of any earlier appointment),
in addition to the person(s) appointed earlier.
E-mail address (see Notes to Box. No. II).
Address for Correspondence (Rule 4.4(d) and
Section 108): Where an agent is appointed, any correspondence
intended for the applicant will be sent to the address indicated
for that agent (or for the first-mentioned agent, if more than one
is appointed). Where one of two or more applicants is appointed
as common representative, the address indicated for that applicant
in Box No. III will be used.
Where no agent or common representative is appointed, any
correspondence will be sent to the address, indicated in Box
No. II, of the applicant (if only one person is named as applicant)
or of the applicant who is considered to be common representative
(if there are two or more persons named as applicants). However,
if the applicant wishes correspondence to be sent to a different
address in such a case, that address may be indicated in Box
No. III instead of the designation of an agent or common
representative. In this case, and only in this case, the last checkbox of Box No. III must be marked (that is, the last check-box
must not be marked if either of the check-boxes “agent” or
“common representative” in Box No. III has been marked).
BOX No. IV
Statement Concerning Amendments (Rules 53.2(a)(iv),
53.9, 62, 66.1 and 69.1): The international preliminary
examination will start on the basis of the international application
as filed or, if amendments have been filed, as amended. Mark
the appropriate check-box(es) to enable the IPEA to determine
when and on what basis it can start international preliminary
examination.
Mark the corresponding check-box(es) under No. 1 where
the international preliminary examination should start on the
basis of the international application as originally filed or
where amendments are to be taken into account, as the case
may be. Where amendments under Article 19 are to be taken
into account, the applicant should preferably submit a copy of
the amendments made under Article 19, the letter accompanying
the amendments (Rules 62.1(ii) and 46.5(b)) and any statement
(Rule 62.1(ii)). Where amendments under Article 34 are to be
taken into account, the applicant must submit with the Demand
the amendments of the international application under
Article 34, together with a letter which must draw attention to
the differences caused by the amendments and indicate the
basis for the amendments in the application as filed and shall
also explain the reasons for the amendments (Rule 66.8). If a
check-box is marked but the demand is not accompanied by the
Notes to the demand form (PCT/IPEA/401) (page 2) (16 September 2012)
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documents referred to, the start of international preliminary
examination will be delayed until the IPEA receives them.
examination is carried out, as explained in the preceding
paragraphs.
Mark check-box No. 2 if amendments of the claims under
Article 19 have been filed with the International Bureau during
the Chapter I procedure, but the applicant wishes those
amendments to be considered reversed by an amendment under
Article 34 (Rule 53.9(a)(ii)).
Time Limit for Furnishing Translation of the
International Application (Rule 55.2): Any required
translation of the international application should be furnished
(by the applicant) together with the demand. If it is not so
furnished, the IPEA will invite the applicant to furnish it
within a time limit which shall not be less than one month from
the date of the invitation. That time limit may be extended by
the IPEA.
Mark check-box No. 3 where the applicant wants to keep
the option for the filing of amendments of the claims under
Article 19 open and where the IPEA wishes to start the
international preliminary examination at the same time as the
international search in accordance with Rule 69.1(b). The
applicant may request the IPEA to postpone the start of
international preliminary examination until the expiration of the
applicable time limit (Rules 46.1, 53.9(b) and 69.1(d)).
Mark check-box No. 4 if the applicant wishes that the
international preliminary examination start earlier than at the
expiration of the applicable time limit under Rule 54bis.1(a).
Where the ISA and IPEA are not the same Authority,
examination will not commence until the IPEA is in possession
of the international search report, or a notice of the declaration
under Article 17(2)(a) and the written opinion established by the
ISA.
The applicable time limit under Rule 54bis.1(a) is three
months from the date of transmittal of the international search
report or of the declaration referred to in Article 17(2)(a), and
the written opinion established by the International Searching
Authority, or 22 months from the priority date, whichever
expires later.
BOX No. V
Election of States (Rule 53.7): The making of a demand
shall constitute the election of all States which have been
designated and which are bound by Chapter II of the PCT.
BOX No. VI
Check List: It is recommended that this Box be filled in
carefully in order for the IPEA to determine as soon as possible
whether it is in possession of the documents on the basis of
which the applicant wishes international preliminary
examination to start.
Where the international application contains disclosure of
one or more nucleotide and/or amino acid sequences, and a
copy of the sequence listing in electronic form complying with
the standard provided for in Annex C of the Administrative
Instructions is required by the IPEA, the applicant may furnish
the listing in electronic form to the IPEA with the demand.
If this is the case, check-box No. 5 must be marked.
BOX No. VII
If no check-box is marked, refer to the footnote at the
bottom of the Box.
Language for the Purposes of International Preliminary
Examination (Rule 55.2): Where neither the language in which
the international application is filed nor the language in which
the international application is published is accepted by the
IPEA that is to carry out the international preliminary
examination, the applicant must furnish with the demand a
translation of the international application into a language
which is both a language accepted by that Authority and a
language of publication.
Where such translation has already been furnished to the
International Searching Authority for the purposes of carrying
out international search and the IPEA is part of the same Office
or intergovernmental organization as the International Searching
Authority, the applicant need not furnish another translation. In
such a case the international preliminary examination is carried
out on the basis of the translation furnished for the purposes of
international search.
The language for the purposes of international preliminary
examination should be indicated in Box No. IV and the
corresponding check-box should be marked.
Language of Amendments (Rule 55.3): Amendments,
letters and statements relating thereto must be in the same
language as that in which the international preliminary
Signature (Rules 53.8, 60.1(a-ter), 90.3(a) and 90.4(a)
and (d): The demand must be signed by the applicant or by his
agent; if there are several applicants, the demand must be
signed by all of them, or by the common agent or the common
representative of all of them. However, if the signature(s) of
one or more applicants is missing, the IPEA will not invite the
applicants to furnish the missing signature(s) provided that at
least one of the applicants has signed the demand.
Where the signature on the demand is not that of the
applicant, but that of the agent or the common representative, a
separate power of attorney appointing the agent or the common
representative, respectively, or a copy of a general power of
attorney already in the possession of the receiving Office, must
be furnished. The power of attorney must be signed by the
applicant or, if there is more than one applicant, by at least one
of them. If the power is not filed with the demand, the IPEA will
invite the applicant to furnish it, unless it has waived the
requirement for a separate power of attorney (for details about
each IPEA, see the PCT Applicant’s Guide, Annex E).
Important: Should a notice of withdrawal be filed at any
time during the international phase, that notice will have to
be signed by the applicant or, if there are two or more
applicant’s by all of them (Rule 90bis.5(a)), or by an agent or
a common representative whose appointment has been
effected by each applicant signing, at his choice, the request,
the demand or a separate power of attorney (Rule 90.4(a)).
Notes to the demand form (PCT/IPEA/401) (page 3) (16 September 2012)
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CHAPTER II
PCT
FEE CALCULATION SHEET
Annex to the Demand
For International Preliminary Examining Authority use only
International
application No.
Applicant’s or agent’s
file reference
Date stamp of the IPEA
Applicant
CALCULATION OF PRESCRIBED FEES
1. Preliminary examination fee ....................................
P
2. Handling fee (Applicants from certain States are
entitled to a reduction of 90% of the handling fee.
Where the applicant is (or all applicants are) so
entitled, the amount to be entered at H is 10% of the
handling fee.) .............................................................
H
3. Total of prescribed fees
Add the amounts entered at P and H
and enter total in the TOTAL box ..............................
TOTAL
MODE OF PAYMENT
(Not all modes of payment may be available at all IPEAs)
authorization to charge deposit
or current account with the IPEA
(see below)
credit card (details should be furnished
separately and not included on this sheet)
revenue stamps
cheque
cash
postal money order
bank transfer
other (specify): _____________________
_________________________________
AUTHORIZATION TO CHARGE (OR CREDIT) DEPOSIT OR CURRENT ACCOUNT
(This mode of payment may not be available at all IPEAs)
IPEA/ _______________________________________
Authorization to charge the total fees indicated above.
Deposit or Current Account No.: __________________
(This check-box may be marked only if the conditions for
deposit or current accounts of the IPEA so permit)
Authorization to charge any deficiency or credit any
overpayment in the total fees indicated above.
Date: ________________________________________
Name: _______________________________________
Signature: ____________________________________
Form PCT/IPEA/401 (Annex) (16 September 2012)
See Notes to the fee calculation sheet
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NOTES TO THE FEE CALCULATION SHEET
(ANNEX TO FORM PCT/IPEA/401)
The purpose of the fee calculation sheet is to help the applicant to identify the prescribed fees and to calculate the amounts to
be paid. It is strongly recommended that the applicant complete, by entering the appropriate amounts in the boxes provided, and
submit the fee calculation sheet at the time of filing of the demand. This will help the International Preliminary Examining Authority
(IPEA) to verify the calculations and to identify any error in them.
CALCULATION OF PRESCRIBED FEES
Two fees must be paid for international preliminary
examination:
(i) the preliminary examination fee for the benefit of the
IPEA (Rule 58.1);
(ii) the handling fee for the benefit of the International
Bureau (Rule 57).
Both fees must be paid to the IPEA within one month from
the date on which the demand is submitted or 22 months from
the priority date, whichever expires later. The amount payable
is the amount applicable on the date of payment (Rules 57.3
and 58.1(b). The fees must be paid in a currency acceptable to
the IPEA.
Information about the amount of those fees or about
equivalent amounts in other currencies can be obtained from
the IPEA or the receiving Office. This information is also
published in the PCT Applicant’s Guide, Annex E, and from
time to time in Official Notices (PCT Gazette).
The fee reduction will be available even if one or more of
the applicants are not from PCT Contracting States, provided
that each of them is a national and resident of a State that meets
the above-mentioned requirements and that at least one of the
applicants is a national or resident of a PCT Contracting State
and thus is entitled to file an international application.
Information about PCT Contracting States whose nationals
and residents are entitled to a reduction of 90% of certain PCT
fees, including the handling fee, is contained in the PCT
Applicant’s Guide, Annex C and on the WIPO website (see
www.wipo.int/pct/en/), and is also published and regularly
updated in the Official Notices (PCT Gazette) and the PCT
Newsletter.
Calculation of the Handling Fee in Case of Fee
Reduction: Where the applicant is (or all applicants are)
entitled to a reduction of the handling fee, the total to be entered
at Box H is 10% of the handling fee.
Total Box: The total of the amounts inserted in Boxes P
and H is the amount which must be paid to the IPEA.
MODE OF PAYMENT
Box P: The amount of the preliminary examination fee
must be entered in Box P.
Box H: The amount of the handling fee must be entered in
Box H.
Reduction of the Handling Fee for Applicants from
Certain States: An applicant who is a natural person and who
is a national of and resides in a State whose per capita national
income is below 3,000 US dollars (according to the average per
capita national income figures used by the United Nations for
determining its scale of assessments for the contributions
payable for the years 1995, 1996 and 1997), or who is a national
of and resides in one of the following States: Antigua and
Barbuda, Bahrain, Barbados, the Libyan Arab Jamahiriya,
Oman, the Seychelles, Singapore, Trinidad and Tobago and the
United Arab Emirates; or an applicant, whether a natural person
or not, who is a national of and resides in a State that is classed
as a least developed country by the United Nations, is entitled,
in accordance with the Schedule of Fees, to a reduction of 90%
of certain PCT fees including the handling fee. If there are
several applicants, each must satisfy the above-mentioned
criteria. The reduction of the handling fee will be automatically
available to any applicant (or applicants) who is (or are) so
entitled on the basis of the indications of name, nationality and
residence given in Box No. II of the demand.
In order to help the IPEA identify the mode of payment of
the prescribed fees, it is recommended to mark the applicable
check-box(es).
AUTHORIZATION TO CHARGE
(OR CREDIT) DEPOSIT OR CURRENT ACCOUNT
The applicant should check whether the IPEA allows the
use of deposit or current accounts for payment of PCT fees. In
addition, it is recommended that the applicant check what are
the specific conditions applicable to the use of deposit or
current accounts with the IPEA since not all IPEAs provide the
same services.
Finally, if the IPEA is not the same national Office or
intergovernmental organization as that with which the
international application was filed, the deposit or current account
with the receiving Office cannot be charged for the purpose of
paying the preliminary examination and handling fees due to
the IPEA.
The IPEA will not charge fees to deposit or current accounts
unless the deposit or current account authorization is signed
and indicates the deposit or current account number.
Notes to the fee calculation sheet (Annex to Form PCT/IPEA/401) (16 September 2012)
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