|
|
||
|
|
||
|
General Information |
||
|
Procedure for PCT Application Filing and Prosecution Filing a PCT Application The World Intellectual Property Organization ("WIPO"), a division of the UN based in Geneva , is the “International Bureau” under the PCT and administers the Treaty. The Canadian Patent Office acts as a PCT "Receiving Office" in which a national or resident of Canada may file a PCT application. The Receiving Office inspects the application to verify that it meets PCT formal requirements, then transmits the application to WIPO, which conducts a further check. If the application meets the formal requirements, WIPO notifies the Canadian Patent Office, which has also been designated to act as the "International Searching Authority" and the "International Preliminary Examination Authority" for PCT applications filed by nationals or residents of Canada. International Search Report and Written Opinion The Canadian Patent Office, acting in its capacity as the International Searching Authority, will conduct a patent search and examine the substance of the application and then issue an International Search Report (“ISR”) listing prior art discovered in the patent search and a Written Opinion on patentability. Absent delays due to Canadian Patent Office backlogs, the ISR and Written Opinion will issue within nine months of the date of filing an originating PCT application or within sixteen months of the date of filing the original non-PCT application on which Paris Convention priority is based. If the ISR and Written Opinion are favourable (i.e. the ISR and Written Opinion do not reveal prior patents or other publications that might lead to rejection of the claims, or cast doubt on obtaining a worthwhile patent), then the applicant may elect to proceed with the application in the countries of interest, in due course. If the ISR and Written Opinion are not favourable, then the applicant may elect: to abandon the application without incurring further costs; or to amend the claims and proceed despite the unfavourable ISR and Written Opinion (or to undergo international preliminary examination, discussed below). The claims (but not the description or drawings) may be amended by right in response to the ISR and Written Opinion. Such claim amendments must be filed at the International Bureau (WIPO) by the later of: two months from the date of transmittal of the international search report; and 16 months from the priority date. At the end of eighteen months from the priority date, the International Bureau publishes the International Publication, which consists of the International Application, the International Search Report and any amendments made to that time. |
||
| Nothing
here written constitutes legal advice. The accuracy of what is written
is not guaranteed. |
||