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Monday, July 12, 2010

PROPOSED AMENDMENTS OF THE REGULATIONS UNDER THE PCT

PROPOSED AMENDMENTS OF THE REGULATIONS UNDER THE PCT
Matters for consultation prior to submission to the
PCT Assembly at its 41st (24th extraordinary) session
Geneva, September 20 to 29, 2010

FOR COMMENT BY JULY 6, 2010

1. The PCT Working Group, at its third session held from June 14 to 18, 2010, agreed on a number of proposed amendments of the Regulations under the PCT with a view to their submission to the Assembly for consideration at its next session, to be held in September 2010 (see document PCT/WG/3/8 and the Working Group’s report, document PCT/WG/3/14, paragraphs 182 to 189).
2. The Working Group also agreed that proposed decisions relating to entry into force and transitional arrangements should be the subject of further consultation via the PCT Working Group’s electronic forum 2010 (see document PCT/WG/3/14, paragraph 189). This paper sets out the Secretariat’s proposals for those decisions.
3. Comments are invited by July 6, 2010 (preferably submitted by e-mail to pct.wg@wipo.int), following which the documents for submission to the Assembly will be finalized.
Proposed decisions relating to entry into force and transitional arrangements
4. The Secretariat proposes to recommend to the Assembly that it adopt the following decisions relating to entry into force and transitional arrangements:
“1. The amendments of Rules 12.2, 48.2, 53.9, 55.3, 62.1, 62.2, 66.9, 70.2, 70.16 and 92.2 set out in Annex I [of document PCT/A/41/2)] shall enter into force on July 1, 2011, and shall apply to international applications whose international filing date is on or after July 1, 2011.
“2. The amendments of Rule 49.5 set out in Annex I [of document PCT/A/41/2)] shall enter into force on July 1, 2011, and shall apply to international applications in respect of which the applicant has performed the acts referred to in Article 22 or Article 39 on or after July 1, 2011, and in respect of which an amendment under Article 19 or 34 was made on or after July 1, 2009.”

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