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any), should not exceed what can be accommodated
on an A4 sheet of typewritten matter, 1 1/2 spaced.
The abstract of the international application as filed
mnst begin on a new sheet following the claims
(Administrative Instructions Section 207). The other
physical requirements must correspond to those for
the description. The abstract must be so drafted that it
can efficiently serve as a scanning tool for the purposes
of searching in the particular art. These and
other requirements concerning the abstract are spelled
out in detail in PCT Rule 8. Useful guidance can be
obtained from the "Guidelines for the Preparation of
Abstracts Under the Patent Cooperation Treaty," published
in the PCT Gazette (No. 5/1978). Those Guidelines
may be obtained, in English and French, from
the International Bureau.
The abstract should be primarily related to what is
new in the art to which the invention pertains. Phrases
should not be used which are implicit, (for instance,
"the invention relates to ..."), and statements on the
alleged merits or value of the invention are not
allowed.
Where the receiving Office finds that the abstract is
missing, it invites the applicant to furnish it within a
time limit fixed in the invitation. The international
application is considered withdrawn if no abstractis
furnished to the receiving Office within the time limit
fixed. Where the receiving Office has not invited the
applicant to furnish an abstract, the International
Searching Authority establishes one. The same
applies where the abstract does not comply with the
requirements outlined in the preceding paragraphs.
Where the abstract is established by the International
Searching Authority, the applicant may submit comments
on it within 1 month from the date of mailing of
the international search report, (PCT Rule 38.2(b)).
SUMMARY OF ABSTRACT REQUIREMENTS
Preferably 50-150 words. Should contain:
(A) Indication of field of invention.
(B) Clear.indication of the technical problem.
(C) Gist of invention's solution of the problem.
(D) Principal use or uses of the invention.
(E) Reference numbers of the main technical features
placed between parentheses.
(F) Where applicable, chemical formula which
best characterizes the invention.
PATENT COOPERATION TREATY 1828
Should not contain:
(A) Superfluous language.
(B) Legal phraseology such as "said" and
"means."
(C) Statements of alleged merit or speculative
application.
(D) Prohibited items as defined in PCT Rule 9.
1827 Fees
A complete list of Patent Cooperation Treaty fee
amounts which are to be paid to the United States
Patent and Trademark Office, for both the national
and international stages, can be found at the beginning
of each weekly issue of the Official Gazette of the
United States Patent and Trademark Office and on the
PCT Legal Office page of the USPTO web site (see
MPEP § 1730). Applicants are urged to refer to this
list before submitting any fees to the USPTO.
Pursuant to PCT Rules l4.l(c), l5.4(a), and l6.l(f),
the basic, transmittal, and search fee payable is the
basic, transmittal, and search fee in effect on the filing
date of the international application. See 37 CFR
1.43l(c).
1828 Priority Claim and Document
An applicant who claims the priority of one or more
earlier national or international applications for the
same invention must indicate on the Request, at the
time of filing, the country in or for which it was filed,
the date of filing, and the application number. See
PCT Article 8 and PCT Rule 4.10 for priority claim
particulars and PCT Rule 90 bi'.3 for withdrawal of
priority claims. Note that under PCT Rule 4.10, an
applicant may claim the priority of an application
filed in or for a State which is a Member of the World
Trade Organization (WTO), even if that State is not
party to the Paris Convention for the Protection of
Industrial Property (Paris Convention). However, a
PCT Contracting State that is not a Member of the
WTO would not be obliged to recognize the effects of
such a priority claim.
Effective July 1, 1998, applicant may correct or add
a priority claim by a notice submitted to the Receiving
Office or the International Bureau within 16 months
from the priority date, or where the priority date is
changed, within 16 months from the priority date so
changed, whichever period expires first. All priority
1800-37 August 2001