Pages 246-247

INTERNATIONAL TREATIES

PCT

Designated Offices to which the modified (30-month) time limit under Article 22(1) PCT¹ will not apply

1. With effect from 1 April 2002, the time limit under Article 22(1) PCT for performing the acts necessary to enter the national phase changed from 20 to 30 months from the priority date. As to the entry into the European phase, see No. 5 below.

2. Since a number of countries will have to change their national laws in order to implement this modification, transitional arrangements were introduced whereby, if, on 3 October 2001, any such modification was not compatible with the national law applied by a designated Office, it will not apply in respect of that Office for as long as it continues not to be compatible with that law, provided that the said Office notified the International Bureau accordingly by 31 January 2002.

3. As published in PCT Newsletter 2/2002, page 3, the Offices (in their capacity as designated Offices) of the States listed below have informed the International Bureau that the modification of the time limit under Article 22(1) PCT is not compatible with the national law applied by them:

4. An applicant wishing to benefit from the 30-month time limit in respect of national phase entry in any of those States will still need to file a demand before the expiration of 19 months from the priority date, even though the 30-month time limit may apply in respect of other designated Offices without the need to file a demand.

5. Note, however, that the EPC contracting states listed above in bold may also be designated via the "EP" designation. When a European patent is requested for these states, only the 31-month time limit has to be observed3.