PCT IPER Deadlines Avoided with Regional Phase Entry

According to the January 2005 PCT Newsletter, it is generally no longer necessary to file a PCT demand for international preliminary examination within 19 months from the priority date in order to extend the time limit for entry into the national phase. Although certain States have notified the International Bureau of the incompatibility of their national law with the modified 30-month time limit, all six remaining States which have made such a notification are covered by a regional designation (AP or EP). This enables applicants to enter the regional phase (as distinct from the national phase) in those States within the time limit of 31 months (that is, the time limit under PCT Article 22(3) in respect of those States). The States concerned, which are listed as a reminder on page 2 of each issue of the PCT Newsletter, are:

CH Switzerland (EP)
LU Luxembourg (EP)
SE Sweden (EP)
TZ United
Republic of Tanzania (AP)
UG Uganda (AP)
ZM Zambia (AP)

If, however, you have a particular need to enter the national phase in any of the above-mentioned States (as opposed to the regional phase), and you wish to extend the time limit for entry into the national phase in that or those States from 20 to 30 months, then you should make sure that the demand is filed
within 19 months from the priority date.

For information on the filing of a demand under the new enhanced international search and examination system, see the “Practical Advice�
in PCT Newsletter No. 12/2003, and the PCT Applicant’s Guide, Vol. I, paragraphs 322 to 409, available on the PCT website at, respectively:
www.wipo.int/edocs/pctndocs/en/2003/pct_news_2003_12.pdf and
www.wipo.int/pct/guide/en/gdvol1/pdf/gdvol1.pdf