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Notification That Demand Considered Not To Have Been Submitted PCT-IPEA-407 - Official Federal Forms

Notification That Demand Considered Not To Have Been Submitted Form. This is a national form and can be used in International Preliminary Examining Authority PCT US Patent Office .
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PATENT COOPERATION TREATY From the INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY To: PCT NOTIFICATION THAT DEMAND CONSIDERED NOT TO HAVE BEEN SUBMITTED (PCT Rules 54.4, 54bis.1, 55.2(d) and 61.1(b), second sentence) Date of mailing (day/month/year) Applicants or agents file reference IMPORTANT NOTIFICATION International application No. International filing date (day/month/year) Applicant 1. The applicant is hereby notified that the demand is declared by this International Preliminary Examining Authority not to have been submitted for the following reason: a. the applicant does not have the right to make a demand (see Article 31(2)(a) and Rule 54.4) since he is not a resident or national of a Contracting State bound by Chapter II of the PCT. b. the demand was made after the expiration of the time limit applicable under Rule 54bis.1(a). c. the required amount of the following fee(s) has not been paid within the time limit referred to in the invitation (Form PCT/IPEA/440): the preliminary examining fee the handling fee the late payment fee d. the defect(s) in the demand has (have) not been corrected within the time limit referred to in the invitation (Form PCT/IPEA/404). e. the translation of the international application has not been furnished within the time limit fixed in the invitation (Form PCT/IPEA/443). 2. Consequently, this Authority will refund to the applicant any amount paid in respect of the demand (Rules 57.6(ii), 58.3 and 58bis.1(b)): in full partially, in the amount of_________________________ 3. ATTENTION Since the demand is considered not to have been submitted, it does not have the effect, in respect of some Offices, 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 Applicants Guide, Volume II, National Chapters and the WIPO Internet site. 4. A copy of this notification has been sent to the International Bureau. Name and mailing address of the IPEA/ Authorized officer Facsimile No. Telephone No. Form PCT/IPEA/407 (January 2004)
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