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Notification Of Transmittal Of The International Search Report And The Written Opinion PCT-ISA-220 - Official Federal Forms
| Notification Of Transmittal Of The International Search Report And The Written Opinion Form. This is a national form and can be used in International Searching Authority PCT US Patent Office . |
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PATENT COOPERATION TREATY From the INTERNATIONAL SEARCHING AUTHORITY To: PCT 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) Applicants or agents file reference FOR FURTHER ACTION See paragraphs 1 and 4 below International application No. 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 22 740 14 35 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 the 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 applicants 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 Applicants Guide, Volume II, National Chapters and the WIPO Internet site. Name and mailing address of the ISA/ Authorized officer Facsimile No. Telephone No. Form PCT/ISA/220 (January 2004) (See notes on accompanying sheet)<<<<<<<<<********>>>>>>>>>>>>> 2 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 Applicants Guide, a publication of WIPO. 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 Applicants Guide, Volume I/A, Annexes B1 and B2). 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 Applicants Guide, Volume I/A, 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 internat
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