INTERNATIONAL TREATIES
PCT
I. Application of the PCT in the former Soviet Union
The PCT applies at present to the Russian Federation and Ukraine.
(a) Russian Federation (RU)
1. On 4 January 1992, the Russian Federation deposited with the Director General of WIPO a declaration of continuation, the effect of which is that the PCT has been applied by Russia as from 25 December 1991, the date on which the Soviet Union ceased to exist. Consequently nationals and residents of the Russian Federation have been able to file international applications as from 25 December 1991 and it has been possible to designate the Russian Federation as from that date.
2. The International Bureau of WIPO has treated designations referring to the Soviet Union which were made in international applications filed after 24 December 1991 (and elections made with respect to such international applications) as designations (elections) of the Russian Federation, whereas designations of the Soviet Union made in international applications filed before25 December 1991 (and elections made with respect to such international applications) are referred to in communications and publications of the International Bureau as designations (elections) of the Soviet Union.
3. For further details concerning the requirements of the Russian Federation as designated and elected State, see PCT Gazette No. 01/1993 and the PCT Applicant's Guide, Volume II, national chapter RU, summary sheet, January 1993.
The address of the Russian Patent Office is given below:
Russian Patent Office
M. Cherkassky per. 2/6 Moscow Centre, GSP, 103621
Russian Federation
Telephone: (095) 206 62 03, 206 88 06
Fax: (095) 923 40 93
Telex: 411 248 KIO SU
(b) Ukraine (UA)
1. On 21 September 1992 Ukraine deposited with the Director General of WIPO a declaration of continuation, the effect of which is that the PCT is applied by Ukraine. Ukraine has therefore become a PCT Contracting State, which means that nationals and residents of that State may now file international applications and Ukraine may be designated in international applications.
2. On 29 September 1992 the Assembly of the PCT Union adopted a new Rule 32 PCT, concerning the extension of international applications to certain successor States1.
The effect of this new Rule is that where a State (the "successor State") which was previously part of the territory of a PCT Contracting State which subsequently ceased to exist (the "predecessor State") has become a PCT Contracting State by depositing with the Director General of WIPO a declaration of continuation the effect of which is that the Treaty is applied by the State, an applicant may, by filing a request for extension with the International Bureau of WIPO and paying an extension fee within three months of being notified by the International Bureau of his right to do so, extend the effects of his international application to that successor State (Rule 32.1(c) PCT). An international application may be extended only if its filing date falls, as a general rule, during the period which starts on the day following the last day of the existence of the predecessor State and ends two months after the date on which the declaration by the successor State was notified by WIPO to the States party to the Paris Convention2 (Rule 32.1(b) PCT).
3. Where the successor State is bound by Chapter II PCT and a demand for international preliminary examination was made within 19 months of the priority date, an applicant whose request for extension was filed after the said 19-month period may make a later election of the successor State within three months of the date of the request for extension (Rule 32.2(b) PCT).
4. All validly filed requests for extension have the following effects (Rule 32.2(a) PCT):
(i) the successor State is considered as having been designated in the international application;
(ii) the applicable time limit under Article 22 or 39(1) PCT in relation to that State is extended until the expiry of three months from the date of the request for extension, if this period expires after that referred to in Article 22 or 39(1) PCT; each successor State may fix time limits which expire later than those referred to in the previous sentence (Rule 32.2(c) PCT). Ukraine has fixed the expiry of time limits at 31 December 1993.
5. The International Bureau of WIPO is currently notifying all applicants who filed international applications between 25 December 1991 and 23 November 1992 of the applicability of the new Rule 32 to Ukraine3.
6. For further details, see PCT Gazette Nos. 32/1992, Section IV, and 01/1993, and the PCT Applicant's Guide, Volume II, national chapter UA, summary sheet, January 1993.
The address of the Ukrainian Patent Office is given below:
Ukraine Patent Office
26, bulvar Lesi Ukrainki, 252133 Kiev
Ukraine
Telephone: (044) 293 21 88
Fax: (044) 295 63 00
II. Application of the PCT in the former Czechoslovakia
1. On 31 December 1992 Czechoslovakia ceased to exist. The Czech Republic and the Slovak Republic, as successor States within the meaning of Rule 32 PCT, deposited a declaration of continuation with the Director General of WIPO on 18 and 30 December 1992 respectively, the effect of which is that the PCT will continue to be applied by each of them after 31 December 1992. Consequently, these two countries are henceforth PCT Contracting States and nationals and residents of both countries may file international applications; both States may likewise, as from1 January 1993, be designated and elected in international applications.
2. The procedure for extension to the Czech Republic on the one hand and to the Slovak Republic on the other, provided for in Rule 32 PCT, is applicable. It concerns all international applications filed between 1 January and 21 February 1993 in the case of the Czech Republic and between 1 January and 6 March 1993 in the case of the Slovak Republic. The International Bureau is expecting to send the notifications provided for in Rule 32.1(c) PCT at the end of February and the beginning of March 1993 (for further details, see point I(b)2. to 4. above).
3. As from 1 January 1993, the procedural steps in respect of international applications entering the regional phase must of course be taken before the competent national Office of either or both of the new States, depending whether the applicant seeks protection in one of the two States or in both.
4. For further details concerning the requirements of the Czech Republic and the Slovak Republic as designated and elected States, see PCT Gazette No. 01/1993 and the PCT Applicant's Guide, Volume II, national chapters CZ and SK, summary sheet, January 1993.
The addresses of the national offices of these States are given below:
Czech Republic
Industrial Property Office
Revolucní ulice 7
11346 Praha 1
Czech Republic
Telephone: (2) 231 27 21
Fax: (2) 231 92 30
Telex: 123 109 FUV
Slovak Republic
Industrial Property Office
Nám. Slobody 29
81312 Bratislava
Slovak Republic
Telephone:(7) 33 00 57
Fax: (7) 33 00 57
Telex: -
III. Updating of the PCT request form (PCT/RO/101) (January 1993) and the demand form for international preliminary examination(PCT/IPEA/401) (January 1993)
The International Bureau has modified the above forms with effect from 1 January 1993 (see PCT Gazette No. 32/1992, Section IV).
Applicants are requested to use the revised forms to avoid any error in the designation or election of States.
Forms may be obtained, free of charge, from the EPO in Munich, The Hague, Berlin and Vienna as well as from any other PCT Receiving office.