PCT Timelines
4.3 PCT Application Timeline (continued) Date
Action
Extensions / Safeguards From date of invite to pay fee: Up to 1 month for additional search fee, and one month for protest fee.
Within 16 months (or nine months if PCT direct filing)
Receive ISR with First Written Opinion, with invited time limit for amending claims (typically two months). If lack of unity found, invited to pay further search fees. Can do so optionally under protest (w/protest fee).
16-18 months
Evaluate ISR and either; withdraw (R90bis), amend claims (A19, to IB), or do nothing – later of two months from ISR or 16 months from priority.
18 months
Publication of international application, communication to designated offices. Last chance to withdraw without publication is 15 days earlier. Can request early publication.
21 months
Receive Written Opinion from IPEA, with invited time limit for amendments (typically two months).
Later of 22 months from priority or 3 months from transmittal of ISR written opinion
File Chapter II Demand with IPEA for IPER if wanted. Demand requires ‘electing states’ i.e. redesignation. Can amend claims, description and drawings with demand. Cannot add matter. Signed by all applicants, common representative, or agent if has power of attorney from all applicants.
Late election of additional states (at IB) can be any time prior to issue of IPER for remaining states.
23 months
For demand: Pay preliminary examination fee and handling fee within a month of filing demand. Plus, any additional examination fee and any protest fee.
R58bis – within one month of invitation by IPEA to pay + with surcharge, for preliminary exam and handling fees. R60 – have one month from invitation to correct defects in the demand.
Study Guide to the Patents Acts (2021 edition)
Can delay publication by withdrawing earliest priority application before preparations to publish are complete – but risks validity problems due to intervening publications.
Note that Luxemburg/Tanzania require a Ch. II demand by 19 months and have Ch I national phase entry deadlines of 20/21 months, but can be obtained more conventionally through regional applications (EPO / ARIPO).
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