PATENT COOPERATION TREATY From the INTERNATIONAL SEARCHING AUTHORITY PCT To: NOTIFICATION OF TRANSMITTAL OF THE INTERNATIONAL SEARCH REPORT AND THE WRITTEN OPINION OF THE INTERNATIONAL SEARCHING AUTHORITY, OR THE DECLARATION (PCT Rule 44.1) Date of mailing (day/month/year) Applicant’s or agent’s file reference FOR FURTHER ACTION International application No. See paragraphs 1 and 4 below International filing date (day/month/year) Applicant 1. The applicant is hereby notified that the international search report and the written opinion of the International Searching Authority have been established and are transmitted herewith. Filing of amendments and statement under Article 19: The applicant is entitled, if he so wishes, to amend the claims of the international application (see Rule 46): When? The time limit for filing such amendments is normally two months from the date of transmittal of the international search report. Where? Directly to the International Bureau of WIPO, 34 chemin des Colombettes 1211 Geneva 20, Switzerland, Facsimile No.: +41 22 338 82 70 For more detailed instructions, see the notes on the accompanying sheet. 2. The applicant is hereby notified that no international search report will be established and that the declaration under Article 17(2)(a) to that effect and the written opinion of the International Searching Authority are transmitted herewith. 3. With regard to any protest against payment of (an) additional fee(s) under Rule 40.2, the applicant is notified that: the protest together with the decision thereon has been transmitted to the International Bureau together with the applicant’s request to forward the texts of both the protest and the decision thereon to the designated Offices. no decision has been made yet on the protest; the applicant will be notified as soon as a decision is made. 4. Reminders Shortly after the expiration of 18 months from the priority date, the international application will be published by the International Bureau. If the applicant wishes to avoid or postpone publication, a notice of withdrawal of the international application, or of the priority claim, must reach the International Bureau as provided in Rules 90bis.1 and 90bis.3, respectively, before the completion of the technical preparations for international publication. The applicant may submit comments on an informal basis on the written opinion of the International Searching Authority to the International Bureau. The International Bureau will send a copy of such comments to all designated Offices unless an international preliminary examination report has been or is to be established. These comments would also be made available to the public but not before the expiration of 30 months from the priority date. Within 19 months from the priority date, but only in respect of some designated Offices, a demand for international preliminary examination must be filed if the applicant wishes to postpone the entry into the national phase until 30 months from the priority date (in some Offices even later); otherwise, the applicant must, within 20 months from the priority date, perform the prescribed acts for entry into the national phase before those designated Offices. In respect of other designated Offices, the time limit of 30 months (or later) will apply even if no demand is filed within 19 months. See the Annex to Form PCT/IB/301 and, for details about the applicable time limits, Office by Office, see the PCT Applicant’s Guide, National Chapters. Name and mailing address of the ISA/ Authorized officer Facsimile No. Telephone No. Form PCT/ISA/220 (July 2009) (See notes on accompanying sheet) American LegalNet, Inc. www.FormsWorkFlow.com NOTES TO FORM PCT/ISA/220 These Notes are intended to give the basic instructions concerning the filing of amendments under Article 19. The Notes are based on the requirements of the Patent Cooperation Treaty, the Regulations and the Administrative Instructions under that Treaty. In case of discrepancy between these Notes and those requirements, the latter are applicable. For more detailed information, see also the PCT Applicant’s Guide. In these Notes, “Article,” “Rule” and “Section” refer to the provisions of the PCT, the PCT Regulations and the PCT Administrative Instructions, respectively. INSTRUCTIONS CONCERNING AMENDMENTS UNDER ARTICLE 19 The applicant has, after having received the international search report and the written opinion of the International Searching Authority, one opportunity to amend the claims of the international application. It should however be emphasized that, since all parts of the international application (claims, description and drawings) may be amended during the international preliminary examination procedure, there is usually no need to file amendments of the claims under Article 19 except where, e.g. the applicant wants the latter to be published for the purposes of provisional protection or has another reason for amending the claims before international publication. Furthermore, it should be emphasized that provisional protection is available in some States only (see PCT Applicant’s Guide, Annex B). The attention of the applicant is drawn to the fact that amendments to the claims under Article 19 are not allowed where the International Searching Authority has declared, under Article 17(2), that no international search report would be established (see PCT Applicant’s Guide, International Phase, paragraph 296). What parts of the international application may be amended? Under Article 19, only the claims may be amended. During the international phase, the claims may also be amended (or further amended) under Article 34 before the International Preliminary Examining Authority. The description and drawings may only be amended under Article 34 before the International Preliminary Examining Authority. Upon entry into the national phase, all parts of the international application may be amended under Article 28 or, where applicable, Article 41. When? Within 2 months from the date of transmittal of the international search report or 16 months from the priority date, whichever time limit expires later. It should be noted, however, that the amendments will be considered as having been received on time if they are received by the International Bureau after the expiration of the applicable time limit but before the completion of the technical preparations for international publication (Rule 46.1). Where not to file the amendments? The amendments may only be filed with the International Bureau and not with the receiving Office or the International Searching Authority (Rule 46.2). Where a demand for international preliminary examination has been/is filed, see below. How? Either by cancelling one or more entire claims, by adding one or more new claims or by amending the text of one or more of the claims as filed. A replacement sheet or sheets containing a complete set of claims in replacement of all the claims previously filed must be submitted. Where a claim is cancelled, no renumbering of the other claims is required. In all cases where claims are renumbered, they must be renumbered consecutively in Arabic numerals (Section 205(a)). The amendments must be made in the language in which the international application is to be published. What documents must/may accompany the amendments? Letter (Section 205(b)): The amendments must be submitted with a letter. The letter will not be published with the international application and the amended claims. It should not be confused with the “Statement under Article 19(1)” (see below, under “Statement under Article 19(1)”). The letter 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. Notes to Form PCT/ISA/220 (first sheet) (July 2009) American LegalNet, Inc. www.FormsWorkFlow.com NOTES TO FORM PCT/ISA/220 (continued) The letter must indicate the differences between the claims as filed and the claims as amended or, as the case may be, differences between the claims as previously amended and currently amended. It must, in particular, indicate, in connection with each claim appearing in the international application (it being understood that identical indications concerning several claims may be grouped), whether (i) (ii) (iii) (iv) (v) (vi) (vii) the claim is unchanged; the claim is cancelled; the claim is new; the claim replaces one or more claims as filed; the claim is the result of the division of a claim as filed; the claim replaces one or more claims as previously amended; the claim is the result of the division of a claim as previously amended. The following examples illustrate the manner in which amendments must be explained in the accompanying letter: 1. [Where originally there were 48 claims and after amendment of some claims there are 51]: “Claims 1 to 29, 31, 32, 34, 35, 37 to 48 replaced by amended claims bearing the same numbers; claims 30, 33 and 36 unchanged; new claims 49 to 51 added.” 2. [Where originally there were 15 claims and after amendment of all claims there are 11]: “Claims 1 to 15 replaced by amended claims 1 to 11.” 3. [Where originally there were 14 claims and the amendments consist in cancelling some claims and in adding new claims]: “Claims 1 to 6 and 14 unchanged; claims 7 to 13 cancelled; new claims 15, 16 and 17 added.” or “Claims 7 to 13 cancelled; new claims 15, 16 and 17 added; all other claims unchanged.” 4. [Where various kinds of amendments are made]: “Claims 1-10 unchanged; claims 11 to 13, 18 and 19 cancelled; claims 14, 15 and 16 replaced by amended claim 14; claim 17 subdivided into amended claims 15, 16 and 17; new claims 20 and 21 added.” “Statement under Article 19(1)” (Rule 46.4) The amendments may be accompanied by a statement explaining the amendments and indicating any impact that such amendments might have on the description and the drawings (which cannot be amended under Article 19(1)). The statement will be published with the international application and the amended claims. It must be in the language in which the international application is to be published. It must be brief, not exceeding 500 words if in English or if translated into English. It should not be confused with and does not replace the letter indicating the differences between the claims as filed and as amended. It must be filed on a separate sheet and must be identified as such by a heading, preferably by using the words “Statement under Article 19(1).” It may not contain any disparaging comments on the international search report or the relevance of citations contained in that report. Reference to citations, relevant to a given claim, contained in the international search report may be made only in connection with an amendment of that claim. Consequence if a demand for international preliminary examination has already been filed If, at the time of filing any amendments and any accompanying statement, under Article 19, a demand for international preliminary examination has already been submitted, the applicant must preferably, at the time of filing the amendments (and any statement) with the International Bureau, also file with the International Preliminary Examining Authority a copy of such amendments (and of any statement) and, where required, a translation of such amendments for the procedure before that Authority (see Rules 55.3(a) and 62.2, first sentence). For further information, see the Notes to the demand form (PCT/IPEA/401). If a demand for international preliminary examination is made, the written opinion of the International Searching Authority will, except in certain cases where the International Preliminary Examining Authority did not act as International Searching Authority and where it has notified the International Bureau under Rule 66.1bis(b), be considered to be a written opinion of the International Preliminary Examining Authority. If a demand is made, the applicant may submit to the International Preliminary Examining Authority a reply to the written opinion together, where appropriate, with amendments before the expiration of 3 months from the date of mailing of Form PCT/ISA/220 or before the expiration of 22 months from the priority date, whichever expires later (Rule 43bis.1(c)). Consequence with regard to translation of the international application for entry into the national phase The applicant’s attention is drawn to the fact that, upon entry into the national phase, a translation of the claims as amended under Article 19 may have to be furnished to the designated/elected Offices, instead of, or in addition to, the translation of the claims as filed. For further details on the requirements of each designated/elected Office, see the PCT Applicant’s Guide, National Chapters. Notes to Form PCT/ISA/220 (second sheet) (July 2009) American LegalNet, Inc. www.FormsWorkFlow.com