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(B) There may be more difficulty iu solviug any
procedural problems betweeu the applicaut aud the
EPO thau with the USPTO due to physical distance
and time differences.
The PCT Applicant's Guide provides helpful information
for communications with the European Patent
Office.
1840.01 The European Patent Office
as an International Searching
Authority
. Since October I, 1982, the European Patent Office
(EPO) has been available as a Searching Authority for
PCT applications filed in the United States Receiving
Office. The choice of Searching Authority, either the
EPO or the United States Patent and Trademark
Office, must be made by the applicant on filing the
international application. The choice of Searching
Authority may also be indicated on FormPTO"1382,
the Transmittal Letter to the United States Receiving.
Office.
It should be noted that the European Patent Office
will not search, by virtue of PCT Article 1'7(2)(a)(i),
any international application to the extent that it considers
that the international application relates to subject
matter set forth in PCT Rule 39.1. Furthermore,
PATENT COOPERATION TREATY 1840.01
the European Patent Office is not equipped to search
computer programs.
The international search fee for the European
Patent Office must be paid to the United States Patent
and Trademark Office (USPTO) as a Receiving Office
at the time of filing the international application. The
search fee for the European Patent Office is
announced weekly in the Official Gazette in United
States dollars. The search fee will change as costs and
exchange .rates require. If exchange rates fluctuate
significantly, the fee may change frequently. Notice of
changes will be published in the Official Gazette
shortly before the effective date of any change.
If the European Patent Office as the International
Searching Authority considers that the international
application does not comply with the requirement of
unity of invention assetforth in PCT Rule 13, the
European Patent Office will invite applicants to
timely pay directly to it an additional search fee in
Deutsche Marks for.each additional invention.
A revised fee calculation sheet (Form PCTIRO/
101, Annex) having appropriate spaces to indicate the
choice of International Searching Authority has been
developed .so that applicants may indicate which
International Searching Authority is to make the
search.
1800-45 August 2001