INTERNATIONAL TREATIES
PCT
Specification of the EPO as an International Searching and International Preliminary Examining Authority by the Japanese Patent Office
1. From 1 October 1985, international applications may be filed in English with the Japanese Patent Office as receiving Office.
2. With effect from 1 October 1985, the Japanese Patent Office has specified the European Patent Office as an International Searching and Preliminary Examining Authority pursuant to Articles 16(2) and 32(2) of the PCT for 200 international applications per year filed in English with the Japanese Patent Office as receiving Office.
3. For up to 200 such applications per year, therefore, internationals who are Japanese nationals or resident in Japan can request as from 1 October 1985 that the international search can be carried out by the EPO. Applicants using this option have to pay, under the provisions applicable at the Japanese Patent Office as receiving Office, the Yen equivalent of the EPO fee for the international search established by the Director General of WIPO (cf. Rule 16 PCT), which currently stands at 179,000 yen1.
If the international search report has been drawn up by the EPO, no supplementary European search report will be drawn up nor will a search fee be charged in the regional phase before the EPO as designated Office (see Decision of the Administrative Council of 21 December 1978, OJ 1/1979, p. 4).
4. Furthermore, in the case of international applications for which the EPO acts or will have acted as International Searching Authority, applicants will be able to opt for the EPO to act as International Preliminary Examining Authority (cf. Article 3 (2) of the Agreement of 12 April 1978 between WIPO and the EPO under the PCT, as last revised on 28 September 1984)2. In that case they have to pay the handling and preliminary examination fees referred to in Rules 57 and 58 PCT direct to the EPO, in accordance with the fee provisions of the Office3.
5. The Japanese Patent Office will act as International Searching and Preliminary Examining Authority for any international applications filed in English with it as receiving Office over and above the limit of 200 per year.
1 cf. PCT Gazette 21/1985, p.
2 cf. OJ 10/1985, p. 320.
3 cf. Guidance for the payment of fees, costs and prices published in each issue of the OJ.