The self-editable commented Patent Cooperation Treaty
- PCT.App is an annotated Patent Cooperation Treaty (PCT) for both practitioners and trainees, which is provided with extensive authors' comments. It has been created by combining Pete Pollard's experience from many years of teaching PCT with IP.appify's electronic book platform. See detailed author explanations of the concept with samples.
- This book tackles the well-known problem of the PCT that the articles of the treaty define only basic matter and the rules of the regulations have become a convoluted mix of legal provisions which is difficult to comprehend in full. The PCT.App, on the other hand, is directed to allow an easy start into the PCT and to find answers quickly. To this end, the structure is based upon the logic of the PCT Applicant's Guide, which mainly reflects the chronological processing of the international application and helps to define a starting point when searching for a specific answer. The articles and rules of the PCT are reordered according to this topic-based structure and enhanced by numerous supplementary overviews, all to achieve quicker and more intuitive access.
- At the same time, the PCT.App allows to dig as deep into the PCT as you want. To this end, all relevant provisions of the PCT are included at least once and provided with detailed authors' comments directly coupled to the law. Users can further utilize the flexibility of the electronic platform to add their own comments, to customize markings, to re-display details of the law that have been hidden by the authors for focus purposes, or add further related legal provisions from an extensive database.
- Together with the EPC.App, the PCT.App enables bidirectional references as hyperlinks and convenient switching between EPC and PCT with a single login. The combination also allows to have both relevant reference books for the EQE from the same source with a common concept.
- Users who purchase annual licenses for both EPC.App and PCT.App, receive a discount of 40% on the second App, so that both together cost 160% of any single annual license.
- PCT.App is available in English and German with same content (bilingual official legal texts except for EN-only PCT Administrative Instructions; Pete Pollard's English author comments translated into German by Till Andlauer). The content will be comprehensively updated once per year in September. See also blog post on the current 6th edition with legal status of 01 September 2024 and update notes on earlier editions.
- Legal changes September 2021:
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- In most years, official PCT documents are updated in July/August. However, this year, the WIPO informed that there are no amendments to the PCT Regulations coming into force on 1 July 2021, and no amendments to the Introduction parts of the PCT Applicant Guide. The other WIPO documents and Guidelines are similarly unchanged.
- Data for specific States found in the Applicant Guide is continuously updated on the WIPO website. All comments and annotations referencing a State with a status date have correspondingly been checked and, where necessary, updated to legal status of 1 Sep 2021.
- General structural changes September 2021:
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- Paris Convention articles are now available in the database as full text to be added, annotated and linked. The most important articles for the PCT, including Article 4 PC (priority), have been included in the appropriate parts by us and cross-referenced with the rest of the PCT.
- Many parts include comment boxes with a reference overview of other relevant parts. These have been updated to include new internal hyperlinks, so that they can be used online for quick navigation between parts by clicking.
- To avoid repetition in the part overviews and index of legal provisions, empty Article/Rule titles followed by a comment box have been combined into just a comment box. Again, any Part references in the comment boxes have been replaced by internal hyperlinks to improve online navigation.
- To allow finding answers more quickly, a convenient full-text search has been integrated into the online app and can now be accessed under the menu items "Navigation">"Search".
- Major changes to specific parts September 2021:
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- Part 1.1: Articles 1 and 19 PC added at the end of the provisions and annotated.
- Part 1.2: Added definition of "Inventor's Certificate" and further definitions of Article 1(3) PC.
- Part 1.4: Article 4A (1) - (3) PC added and linked to Article 11(3) PCT.
- Part 1.5: The comment box with a list of ALL possible reservations has been moved to Part 18.3, where Art. 64 PCT is recited fully. A reference with a hyperlink to Part 18.3 has been included.
- Part 2.2.2: Added additional side comments for A. 45 PCT.
- Part 2.4: Many empty Article/Rule titles followed by a comment box have been combined into just a comment box with links to relevant book parts.
- Part 2.10.1: Article 4C(1) - (3), 4D, 4E, 4G PC added fully (with explaining non-official titles); Articles 4A, 4B, 4F, 4H, 4I PC added only as comment boxes. Amended the top comment box to show how Paris Convention Articles are divided into procedural and substantive parts.
- Part 2.10.2: Articles 4A, 4B, 4C(4), 4F, 4H, 4I PC added fully (with explaining non-official titles); Article 4D, 4E, 4G PC added only as comment boxes. Amended the top comment box to show how Paris Convention Articles are divided into procedural and substantive parts. Explanation of the legal framework and use of Art. 4C(4) PC added to the top comment box.
- Part 7.11: Added new overview of key issues; removed some of the longer side comments.
- Part 10.1.1: Improved section explaining the differences between states requiring / not requiring copies in the top comment box. Similarly, improved explanation of states with different entry time limits.
- Part 11.1: Added R. 76.5 comment box. These details are quite precise, and are clearer if they are displayed on the same page.
- Part 12.3: Deleted provision Rule 43bis.1 because the contents of the provision are less relevant here. It is now just cited in the top comment box.
- Part 12.8: Added new overview of key issues; removed some of the longer side comments.
- Part 12.11: Added new overview of other relevant book parts.
- Part 13.2: Added additional information about US bypass route, which is frequently used instead of national entry.
- Part 18.1: Added Article 24 PC completely to provisions.
- Part 18.3: Moved comment box with a list of ALL possible reservations from 1.5 to here, as it fits better with the compete recitation of Art. 64.
- Bug fixes September 2021:
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- Proof reading of the whole book.
- Update notes for September 2020 edition
- Legal changes September 2020 - in force from 1 July 2020:
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- R. 82quater.2 - New paragraph, providing possible safeguards in case of electronic outages. Added to Parts 8.8 and 12.10. Related provision AI Sec, 111 added to Part 8.8.
- R. 26quater - New rule, providing a formal framework for adding/correcting R. 4.11 indications. Added to Part 2.4 (Request form).
- R. 20.5bis, R. 20.8(a-bis), R. 20.8(b-bis) - New paragraphs, allowing erroneously filed elements or parts to be corrected. Added to Parts 3.4.1 and 3.4.2. Also added new overviews of key issues covering missing and/or erroneously filed parts/elements to Parts 3.4.1 and 3.4.2.
- R. 40bis - New paragraph, allowing ISA to charge if erroneously filed elements or parts are filed after they have started to draw up ISR. Added to Part 4.6.
- R. 96.2 - New paragraph allowing an improved transfer of fees between authorities. Added in Part 15.5. Did not add Annex G as this is an internal procedure at IB.
- R. 71.1, R. 94.1 - Amended paragraphs, allowing additional documents from IPER files to be made available to applicants & dO/eO's. Amended Parts 7.14, 8.9.1 and 8.9.2. Related provision AI Sec, 602bis added to Part 7.14.
- General structural changes September 2020:
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- In the last edition of September 2019, many side comments were frequently repeated => Within the same paragraphs and part, the initial comment and reference is retained, but subsequent repeats of the same comment have been deleted to improve legibility.
- To reduce the number of pages when printed, long side comments have been abbreviated, and the details have been moved to comment boxes, either at the top of the part, or adjacent to the provision.
- The explicit inclusion of same provisions in many parts has been reduced.
- Where useful, references have been included to other parts instead of repeating comments and/or provisions.
- Major changes to specific parts September 2020:
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- Part 1.5: Overview added of all currently valid reservations (Articles and Rules).
- Part 2.4 Request changed to refer, where possible, to the full coverage in other parts of the book.
- Parts 2.10.1 and 2.10.2 amended to more clearly divide between procedural and substantive priority requirements to reduce the overlap.
- Part 2.16.3 Reference to deposited biological material => deleted - content was moved to Part 2.2.1.
- Part 2.19 - New overview of key issues.
- Parts 3.2.2 and 3.5.2 - Initial overviews of key issues have been rewritten. Part 3.2.2 - overview of cited references moved from a side comment box to an inline one to reduce page lengths.
- Part 3.6 - Deleted AI, Section 302 & 304 (not very relevant - only for paper copies). New overview of key issues.
- Part 4.1 - Renamed ISA/IPEA agreement to A. 16(3)(b) comment box. Additional details added regarding contents of agreements.
- Part 4.6 - Moved A. 17(2)(a) comment box to A. 17(2).
- Part 4.8 - New overview of key issues.
- Part 4.10 - New overview of key issues, some from Part 6.3.
- Part 5.5 - Overview of cited references moved from a side comment box to an inline one to reduce page lengths.
- Part 6.3 - Overview of ISR & WO-ISA communications moved from top box to Part 4.10.
- Part 6.5, 6.7 - New overview of key issues
- Part 7.6, 7.7, 7.11, 7.12.1, 7.14 - New overviews of key issues
- Part 8.4 - New overview of key issues. General comments added on amendments. Added R. 46.5 & AI Sec. 205 (moved from Part 6.3).
- Parts 8.12, 8.13 - New overviews.
- Part 8.15 - Overviews amended, and references added, where possible, to other parts in the book
- Part 9.1 - Moved table info to other boxes, and split communications to make them consistent with the rest. Table deleted to reduce length and improve readability.
- Part 10.7 (Use of National Forms) deleted - content added to Part 10.1.1.
- Part 12.5 - New overview of key issues.
- Part 12.10 - Comment box split into 2 boxes - excusing delay and general possibilities for excuse, tidied up references added to other part.
- Combined Parts 18.4 to 18.8 to reduce length => 18.4 Article 65 - Gradual Application to Article 69 - Notifications. These parts are less relevant for daily practice.
- Correction of known errors September 2020:
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- R. 2.4 was incorrectly cited in several places as legal basis for 12m priority period. Legally, this is incorrect - it is actually R. 4C(1) PC (Paris Convention). R. 2.4 was added in 1 Apr 2007 to merely clarify that "priority period" should be interpreted according to A. 4 PC - PCT/R/WG/7/3, Annex I, p.2. So, the priority period is NOT a "Time limit fixed in Treaty" and NOT a "Time limit fixed in Regulations". R.2.4 is only relevant for R.26bis, R. 49ter (restoration calculation).
- Consequently, an indication has been added for those remedies where the priority period is not covered. See Parts 8.8, 8.15, 12.9 and 12.10.
- Amended comments in A. 48(1), (2) regarding availability in international and/or national phases.
- Part 3.1 - R. 20.9 & R. 26.6 references deleted - this is old law.
- For all those who prefer to start with a classical book, a stand-alone printed version of PCT.App with all authors' comments is available as paperback on Amazon (in the marketplaces DE, UK, FR, NL, IT, ES, SE, PL, US, CA, AU, JP). The current September 2024 edition comes in a convenient format (25.4x17.8cm, 3.4 cm thick) and has 600 b/w pages. Excerpt pages for free inspection can be found here.
- Reviews: Answering D1 Exam 2021 with EPC.App & PCT.App (Salted Patent Blog April 2021), Study Materials Review: EPC.App and PCT.App (The Yellow Sheet November 2021).
Update notes for PCT.App September 2021 edition
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