Last updated: 8/1/2006
Invitation To Indicate Competent International Preliminary Examing Authority {PCT-IPEA-442}
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Description
PATENT COOPERATION TREATY From the INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY To: PCT INVITATION TO INDICATE COMPETENT INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY (PCT Rule 59.3(f) and Administrative Instructions, Section 601) Date of mailing (day/month/year) Applicant's or agent's file reference REPLY DUE International application No. International filing date (day/month/year) 15 days from the above date of mailing or within the time limit applicable under Rule 54bis.1(a), whichever expires later Priority date (day/month/year) Applicant 1. This International Preliminary Examining Authority, which has received, on the date indicated below, a demand for international preliminary examination, is not competent for the international preliminary examination of the international application: _____________________________________________________ (date of receipt) 2. The applicant is hereby invited, within the time limit indicated above, to indicate the competent International Preliminary Examining Authority to which the demand should be transmitted (Rule 59.3(c)(ii)). Failure to respond to this invitation, within the time limit indicated above, will result in this Authority declaring that the demand will be considered not to have been submitted (Rule 59.3(d)). 3. The date of receipt indicated above has been marked on the demand; provided the applicant responds to this invitation within the time limit indicated above, the demand will, in accordance with Rule 59.3(e), be considered to have been received by the competent International Preliminary Examining Authority on that date of receipt. ATTENTION: That date of receipt is after the expiration of 19 months from the priority date. Consequently, in respect of some Offices, the demand does not have the effect of postponing the entry into the national phase until 30 months from the priority date (or later in some Offices) (Article 39(1)) and the acts for entry into the national phase must therefore be performed within 20 months from the priority date (or later in some Offices). However, in respect of some other Offices, the time limit of 30 months (or later) may nevertheless apply. 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, Volume II, National Chapters and the WIPO Internet site. ATTENTION: That date of receipt is after the expiration of the applicable time limit under Rule 54bis.1(a). Any demand made after the expiration of said time limit shall be considered as if it had not been submitted and the competent International Preliminary Examining Authority shall so declare (Rule 54bis.1(b)). This International Preliminary Examining Authority is not in a position to determine whether that date of receipt is after the expiration of the applicable time limit under Rule 54bis.1(a), that is, three months from the date of transmittal to the applicant of the international search report (or of the declaration referred to in Article 17(2)(a)) and the written opinion established under Rule 43bis.1 or 22 months from the priority date, whichever expires later. (If applicable) The applicant has already been informed accordingly by telephone, facsimile transmission or in person, on: ____________________________________________________________________________________________ Name and mailing address of the IPEA/ Authorized officer Facsimile No. Form PCT/IPEA/442 (January 2004) Telephone No. American LegalNet, Inc. www.USCourtForms.com